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LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND SEVENTH
SESSION OF THE GENERAL ASSEMBLY
COMMENCED AND HELD AT DOVER
On Tuesday, January 3, A. D.
1939
AND
IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES
THE ONE HUNDRED AND SIXTY- THIRD
VOLUME XLII
Printed by
WILLIAM E. TAYLOR, INC.
Wilmington, Delaware

LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND SEVENTH
SESSION OF THE GENERAL ASSEMBLY
COMMENCED AND HELD AT DOVER
On Tuesday, January 3, A. D.
1939
AND
IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES
THE ONE HUNDRED AND SIXTY-THIRD
VOLUME XLII
Printed by
WILLIAM E. TAYLOR, INC.
Wilmington, Delaware
CHAPTER 1
TITLE TO LANDS NEAR CAPE HENLOPEN REINVESTED IN
THE STATE OF DELAWARE
AN ACT TO REINVEST THE STATE OF DELAWARE WITH TITLE
TO LANDS NEAR CAPE HENLOPEN HERETOFORE CONDI-TIONALLY
CONVEYED TO THE UNITED STATES OF
AMERICA FOR USE AS A QUARANTINE STATION, AND
NOW ABANDONED.
WHEREAS, by Chapter 449 of Volume 18, Laws of Dela-ware,
the State of Delaware, by an Act of the General Assembly,
ceded to and granted jurisdiction over to the United States of
America of a quantity of land belonging to the State of Delaware
not exceeding fifteen hundred (1500) feet front and twelve hun-dred
(1200) feet deep from low water mark situate and lying on
the Delaware Bay, between the United States Government Iron Pier
and the point of Cape Henlopen; and
WHEREAS, The said cession of said land and jurisdiction
thereover by the State of Delaware to the United States of America
was "upon the express condition that a Quarantine Station shall be
located and maintained thereon by the United States"; and
WHEREAS, after having erected and maintained a Quarantine
Station thereon for a long space of time, the United States of
America has dismantled the Station and has officially notified the
Governor of the State of Delaware that it has abandoned the pur-poses
for which this tract of land was ceded to and granted juris-
3
LAWS of DELAWARE
Jurisdiction and Property of
the State
4 Chapter 1
TITLE TO LANDS NEAR CAPE HENLOPEN REINVESTED IN
THE STATE OF DELAWARE
diction over and consents to the State of Delaware revesting in itself
full title thereto; NOW THEREFORE
Be it enacted by the Senate and House of Representatives of
the State of Delaware in 6eneral Assembly met:
Section 1. That by the actual and declared abandonment of
said tract of land and jurisdiction thereover by the United States
of America for the granted purpose of locating and maintaining
thereon a Quarantine Station, the United States of America has
surrendered, yielded up and quit claimed to the State of Delaware
all its right, title, interest, and jurisdiction in, to and over said tract
of land, and the said tract of land has thereby reverted to the State
of Delaware clear and free of said cession of land and jurisdiction
heretofore granted to the United States of America.
Section 2. That said tract of land ceded by the State of Dela-ware
to the United States of America by said Chapter not exceeding
fifteen hundred (1500) feet front and twelve hundred (1200) feet
deep from low water mark, situate and lying on the Delaware Bay,
between the United States Government Iron Pier and the Point of
Henlopen, is now owned in fee simple by the State of Delaware
and constitutes a part of the public lands of the State.
Approved April 24, 1939.
5
CHAPTER 2
UNKNOWN SAILORS' CEMETERY
AN ACT DESIGNATING CERTAIN PUBLIC LANDS NEAR THE
COAST GUARD STATION NEAR LEWES, DELAWARE, AS A
MEMORIAL CEMETERY AND PROVIDING FOR THE CARE
AND SUPERVISION THEREOF.
WHEREAS, certain public lands hereinafter described have for
a long period of time been used as a cemetery principally for the
burial of sailors, the names of many of whom have always re-mained
unknown; and,
WHEREAS, for a long period of time there has been no pro-vision
for the care and maintenance of said land as a cemetery;
THEREFORE,
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That the public lands hereinafter described be and
they are hereby set aside and designated as a memorial cemetery
and shall be maintained solely for that purpose. Said cemetery shall
be known as the "Unknown Sailors' Cemetery" and shall include
the following described lands:
Beginning at a point on the north edge of the State Highway
leading from the Town of Lewes towards the old Henlopen Light-house
Reservation, said point being 171 feet east from the lines of
Lewes Coast Guard Station and corner for lands in possession of
Louis L. Paynter, and thence running along and with one line of
said lands 577 feet to a point at high water mark on Delaware
Bay, thence along the high water mark of said Bay southeast 350
feet to a point corner for land leased to the Lewes Fertilizer Com-pany,
now in possession of Smith Meal Company, thence along
and with one line of said lands southwest 568 feet to a point in
the north edge of the above described highway, thence along and
with the north edge of said Highway 385 feet home to the place
of beginning.
6 Chapter 2
UNKNOWN SAILORS' CEMETERY
Section 2. That the Delaware Society for the Preservation of
Antiquities, a corporation of the State of Delaware, be and the same
is hereby appointed and constituted a State agency or authority of
the State of Delaware to carry out the provisions of this Act. Said
Society shall have full power and authority to provide for the care
and maintenance and the reconstruction and restoration of said
cemetery, with the power and authority to make application to any
Federal Department, board or agency for the performance of any
necessary work and to accept any grant which may be available to
it as such State agency or to the State of Delaware for the purpose
of the reconstruction and restoration of said cemetery.
Approved May 4, 1939.
CHAPTER 3
FORT CHRISTINA STATE PARK
AN ACT NAMING AND DESIGNATING THE PARK CREATED
AT "THE ROCKS" ON THE CHRISTINA RIVER IN THE
CITY OF WILMINGTON AS "FORT CHRISTINA STATE
PARK" IN ORDER TO MARK PERPETUALLY THE FIRST
SETTLEMENT OF THE COLONY OF NEW SWEDEN.
WHEREAS, by an act of the General Asserribly, Chapter 235
of Volume 41, Laws of Delaware, approved April 28, 1937, the
State Highway Department was authorized and directed to acquire
land at "The Rocks" on the Christina River in the City of Wil-mington
for the purpose of creating there a State Park to mark
perpetually the place where the first Swedish settlers landed and
the site of Fort Christina, the first permanent settlement in the State
of Delaware as well as the first permanent settlement in the entire
Delaware River Valley, and
WHEREAS, in said act no name was given to the proposed
park, and
WHEREAS, said park was completed in the year, 1938, and
a monument therein, modelled by the sculptor, Carl Milles, and pre-sented
to the people of America by the people of Sweden, was
dedicated on June 27, 1938, in the presence of the President of the
United States, the Crown Princess Louise and Prince Bertil of the
Kingdom of Sweden, the Foreign Minister of the Republic of Fin-land,
the Governor of the State of Delaware, and many other dis-tinguished
guests, therefore
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That on and after the passage and approval of
this Act, the land acquired at "The Rocks" on the Christina River
in the City of Wilmington, for the purpose of creating there a State
Park to mark perpetually the place where the first Swedish settlers
landed and the site of Fort Christina, the first permanent settlement
7
8 Chapter 3
FORT CHRIST/NA STATE PARK
in the State of Delaware as well as the first permanent settlement
in the Delaware River Valley, thereafter be known and designated
as "Fort Christina State Park."
Approved April 24, 1939.
CHAPTER 4
AUTHORIZING THE CONVEYANCE OF STATE LANDS
AN ACT AUTHORIZING THE CONVEYANCE OF CERTAIN
LANDS OWNED BY THE STATE OF DELAWARE SITUATED
IN SOUTH MURDERKILL HUNDRED, KENT COUNTY, IN
EXCHANGE FOR CERTAIN OTHER LANDS IN SAID HUN-DRED
REQUIRED FOR STATE HIGHWAY PURPOSES, AND
NOW OWNED BY CLARENCE T. POSTLES AND ANNA-BELLE
POSTLES, HIS WIFE.
WHEREAS, the State of Delaware is the owner of a small
tract of land, situated in South Murderkill Hundred, Kent County
and State of Delaware, and described as follows:
All that certain lot or tract of land situated in South Murder-kill
Hundred, Kent County and State of Delaware, and more par-ticularly
described as follows, to wit:
BEGINNING at the intersection of the center line of the old
county road leading from Plymouth to Barratt's Chapel, and the
division line between the lands of George F. McGinnis and said
lands of the State of Delaware, thence by and with the lands of
George F. McGinnis and other lands of the State of Delaware
north thirty (30) degrees fourteen (14) minutes east two hundred
sixty (260) feet more or less to a point in the southerly right of
way line of the new state road leading frorri. Plymouth to Barratt's
Chapel; thence along said right of way line south eighty-two (82)
degrees twenty-four (24) minutes west one hundred eighty-four
(184) feet more or less to a point; thence, tangent to the right
three hundred sixty-five (365) feet more or less along an arc of
nine hundred eighty and thirty-seven-hundredths (980.37) feet ra-dius,
to the point of the intersection of the southerly right of way
line of the aforementioned new state road and the center line of
the old county road; the aforedescribed arc being parallel to and
twenty-five (25) feet from the center line of the new state road
leading from Plymouth to Barratt's Chapel; thence along the cen-ter
line of the old county road and by and with the lands of Clar-ence
T. Postles south sixty-two (62) degrees one (1) minute east
9
10 Chapter 4
AUTHORIZING THE CONVEYANCE OF STATE LANDS
five hundred (500) feet more or less to the place oi beginning;
and containing one and two-hundred-sixty-two-thousandths (1.262)
acres, more or less; and
BEING a part of the same lands which were conveyed to The
State of Delaware in and by the deed of Samuel H. Lingo and wife,
dated March 16, 1936, and recorded in the Recorder's Office at
Dover, in and for Kent County aforesaid, in Deed Record Book
W. Vol. 14, Page 188.
AND WHEREAS, the State Highway Department of the State
of Delaware desires to acquire for The State of Delaware for state
highway purposes, certain other lands situated in the Hundred afore-said,
and now owned by Clarence T. Postles and Annabelle Pestles,
his wife.
AND WHEREAS, the said Clarence T. Postles and Annabelle
Pestles are willing to make, execute and deliver a good and suffi-cient
deed for the lands owned by them and so desired for highway
purposes in exchange for the tract of land owned by the State of
Delaware above described, and the State Highway Department de-siring
to effect said exchange,
Therefore, be it enacted by the Senate and House of Represen-tatives
of the State of Delaware in General Assembly met:
Section 1. That the Governor and the Secretary of State of
the State of Delaware be, and they are hereby authorized and fully
empowered to execute, and to acknowledge a deed of conveyance
conveying to the said Clarence T. Postles and Annabelle Pestles,
his wife, the tract of land above described, the said deed to be de-livered
by the State Highway Department of the State of Delaware
to the said Clarence T. Pestles and Annabelle Postles in exchange
for a good and sufficient deed conveying to The State of Delaware
the lands of the said Clarence T. Pestles and Annabelle Postles
desired by the State of Delaware for highway purposes, free and
clear of liens.
Approved May 1, 1939.
State Revenue
CHAPTER 5
APPROPRIATION
AN ACT APPROPRIATING CERTAIN MONEY FOR THE CON-STRUCTION
AND EQUIPMENT OF A NEW STATE ARMORY
IN THE TOWN OF GEORGETOWN OR IN THE VICINITY
THEREOF.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. The State Armory Commission is hereby authorized
and directed to acquire by gift, purchase or condemnation a suitable
tract of land in the town of Georgetown or in the vicinity thereof
and to prepare or cause to be prepared plans and specifications for
an Armory and Arsenal building to be erected on such site.
Section 2. When the plans and specifications shall have been
prepared and accepted by the State Armory Commission, the said
State Armory Commission shall advertise for bids and shall award
the contract for the erection of the building to the lowest respon-sible
bidder. The successful bidder shall be required to furnish bond
with satisfactory surety in such sum as the said State Armory Com-mission
may deem necessary and proper for the faithful perform-ance
of the contract in accordance with the plans and specifications.
Section 3. The title to any land acquired for the site of said
Armory and Arsenal building shall be taken in the name of the
State of Delaware.
Section 4. In the selection of a suitable site, if the said State
Armory Commission shall be unable to agree with the owner or
owners of said site as to the purchase price thereof, the said State
Armory Commission is hereby vested with full power and authority
to institute appropriate condemnation proceedings in the same man-
11
12 Chapter 5
APPROPRIATION
ner as is now provided for the condemnation of land for highways
or other public purposes.
Section 5. The said State Armory Commission is authorized
to receive money by gift or otherwise to be used and applied in ac-quiring
the aforesaid site and in the erection of the building thereon
and in the equipment of the same.
Section 6. The sum of Seventy-Five Thousand Dollars
($75,000.00) is hereby appropriated to be used and employed for
the purpose of obtaining a suitable site and for the erection of said
Armory and Arsenal building, and for the equipment thereof. The
State Armory Commission is hereby authorized and empowered to
draw its warrants upon the State Treasury for such sums of money
from time to time to be used in acquiring said suitable site, in the
preparation of necessary plans and specifications and in the erec-tion
and equipment of said Armory and Arsenal building as do not
exceed in the aggregate the sum of Seventy-five Thousand Dollars
($75,000.00).
Section 7. That when such building has been completed and
accepted, all such Government and State military property as the
military authorities of the State of Delaware may desire shall be
stored in the aforesaid Armory and Arsenal building and the use
and occupation of the aforesaid Armory and Arsenal building shall
be turned over to such military organization or organizations of the
State of Delaware as the military authorities of the State of Dela-ware
may direct.
Section 8. This act shall be known as a Supplementary Ap-propriation
Act and the funds hereby appropriated shall be paid
out of the General Funds of the State Treasury not otherwise ap-propriated.
Approved April 28, 1939.
CHAPTER 6
APPROPRIATION
AN ACT APPROPRIATING MONEY TO THE INSURANCE COM-MISSIONER
TO PAY PREMIUMS ON ALL INSURANCE ON
STATE PROPERTY.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That the sum of Twelve Thousand Dollars
($12,000.00) be and the same is hereby appropriated to the Insur-ance
Commissioner of The State of Delaware as an additional ap-propriation
to that made for the fiscal year ending June 30th, 1939,
for the purpose of paying premiums on insurance on State property
determined necessary for the remainder of the present fiscal year
ending June 30th, 1939.
Section 2. This act, shall be known as a Supplementary Ap-propriation
Act, and the monies hereby appropriated shall be paid
out of the General Fund of the State Treasury not otherwise ap-propriated.
Approved March 3, 1939.
13
14
CHAPTER 7
APPROPRIATION
AN ACT APPROPRIATING CERTAIN MONEYS TO HARVEY B.
RIGGS TO PAY CLAIM AGAINST THE STATE OF DEL-AWARE.
Be it enacted by the Senate and House of Representatives in
General Assembly met:
Section 1. That the sum of Ninety-seven Dollars ($97.00)
be and the same is hereby appropriated out of the General Fund
to Harvey B. Riggs for the payment of lawful claim against the
State of Delaware for furnishing plans and specifications for the
erection of the Cupola for the State House at Dover, and the State
Treasurer is hereby authorized and directed to pay the same forth-with.
Approved May 15, 1939.
CHAPTER 8
APPROPRIATION
AN ACT APPROPRIATING MONEY OUT OF THE STATE TREAS-URY
TO PAY A CLAIM OF THE ESTATE OF WILLIAM WIN-DER
LAIRD, DECEASED, AGAINST THE STATE OF DELA-WARE.
WHEREAS, on September 28, 1931, while litigation was in
progress respecting the amount for which the Estate of William
Winder Laird, Deceased, was liable for Federal Estate Tax, the
Executors of said Estate paid to the State Treasurer of the State of
Delaware the sum of $400,000.00 on account of the liability of said
Estate of Delaware Estate Tax; and
WHEREAS there has recently been a decision in said litiga-tion
after final hearing, from which decision it now appears that,
in the payment of said $400,000.00 to the State Treasurer, said
Executors overpaid the amount due to the State of Delaware for
Delaware Estate Tax by the sum of $184,497.16; and
WHEREAS some question has been raised as to whether the
amount of said overpayment is refundable under the provisions of
Section 143 of the Revised Code of Delaware of 1935, as amended,
providing for refunds of overpayments to the State of Delaware
for Delaware Estate Tax, because said William Winder Laird died
prior to the enactment of said statute; now, therefore,
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. The sum of $184,497.16 is hereby appropriated to
be paid to Walter J. Laird and Philip D. Laird, surviving Executors
of the Estate of William Winder Laird, Deceased, or to the person
at the time having the execution of the will of said Deceased, as a
refund of Delaware Estate Tax erroneously overpaid by said Ex-ecutors
to the State Treasurer of the State of Delaware, payment
thereof to be made as in Section 2 of this Act provided.
15
16 Chapter 8
APPROPRIATION
Section 2. Within thirty days after the end of the fiscal year
of the State terminating June 30, 1939, and within thirty (30) days
after the end of each fiscal year thereafter until payment in tun of
the amount appropriated in Section 1 of this Act shall have been
made, the aggregate amounts paid for Inheritance and Estate taxes
under the Laws of the State of Delaware for the preceding fiscal
year shall be ascertained by the State Treasurer, and a sum equiva-lent
to the excess above the sum of $400,000.00 received during
the preceding fiscal year on account of such Inheritance and Estate
taxes shall be paid to the said surviving Executors of William
Winder Laird, Deceased, or to the person at the time having the
execution of the will of said Deceased, on account of the amount
appropriated in Section 1 of this Act until the amounts so paid
shall aggregate the amount so appropriated. The amount appro-priated
in Section 1 of this Act shall bear interest at the rate of four
per centum (4%) per annum from the date of the approval of this
Act until paid, and there shall also be paid to the said surviving
Executors, or to the person at the time having the execution of said
will, semi-annually, from and after the date of the approval of this
Act, from monies in the State Treasury not otherwise appropriated,
accrued interest on the amount appropriated in Section 1 hereof, or
on any unpaid balance thereof, at the rate of four per centum (4%)
per annum.
Section 3. The State Treasurer and the State Auditor are
hereby authorized and directed to draw and deliver to the said sur-viving
Executors, or to the person at the time having the execution
of said will, from time to time, proper state warrants in accordance
with Sections 1 and 2 of this Act.
Approved April 28, 1939.
17
CHAPTER 9
APPROPRIATION
AN ACT MAKING AN APPROPRIATION TO THE DELAWARE
STATE EMPLOYMENT BUREAU FOR THE EXPENSES OF
SAID BUREAU.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That the sum of Twelve Thousand Eight Hundred
Fifty Dollars ($12,850.00) be and the same is hereby appropriated
to the Delaware State Employment Bureau for each of the fiscal
years beginning July 1st, 1939 and July 1st, 1940 to be used for the
expenses of the said Bureau.
Section 2. That the said money so appropriated shall be paid
by the .State Treasurer upon warrants drawn by the State Auditor
upon vouchers approved, submitted and signed by the proper offi-cers
of the Delaware State Employment Bureau.
Section 3. This act shall be known as a Supplementary Ap-propriation
Act, and shall be paid out of the general fund of the
State Treasury not otherwise appropriated.
Approved March 30, 1939.
18
CHAPTER 10
APPROPRIATION
AN ACT APPROPRIATING CERTAIN MONEYS FOR THE PAY-MENT
OF EXPENSES OF THE ADMINISTRATOR APPOINT-ED
UNDER THE UN/FORM ACT FOR OUT-OF-STATE PAR-OLEE
SUPERVISION.
Be it resolved by the Senate and House of Representatives of
the State of Delaware in Genieral Assembly met:
Section 1. In order to pay the actual expenses of the Ad-ministrator
appointed under the Uniform Act for Out-of-State Par-olee
Supervision, there is hereby appropriated out of the General
Funds of the State in the State Treasury, a sum not to exceed Three
Hundred Dollars ($300.00) for the fiscal year ending June 30,
1939, and a sum not to exceed Five Hundred Dollars ($500.00)
for each of the years of the next ensuing biennium. All payments
shall be limited to actual expenses and shall not include any com-pensation
for personal services. Payments shall be made upon
voucher submitted and signed by the Administrator in the manner
provided by law.
Approved May 15, 1939.
CHAPTER 11
APPROPRIATION
AN ACT MAKING AN APPROPRIATION TO THE MOTHER'S
PENSION COMMISSION OF DELAWARE FOR THE PAYMENT
OF MOTHER'S PENSIONS AND ADMINISTRATIVE COSTS.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That there is hereby appropriated to the Mother's
Pension Commission of Delaware out of the General Fund of the
State Treasury, not otherwise appropriated, the sum of Ten Thou-sand
($10,000.00) Dollars for each of the fiscal years ending June
30, 1940 and June 30, 1941, for Mother's Pensions and adminis-trative
costs.
Section 2. That the sum of Ten Thousand ($10,000.00) Dol-lars
as heretofore appropriated for each of the aforesaid fiscal
years shall be applied and used as follows:
For the payment of Mother's Pensions in New Castle County,
Four Thousand ($4,000.00) Dollars.
For the payment of Mother's Pensions in Kent County, Two
Thousand ($2,000.00) Dollars.
For the payment of Mother's Pensions in Sussex County,
Twenty-five Hundred ($2500.00) Dollars.
For administrative purposes, Fifteen Hundred ($1500.00)
Dollars.
Section 3. The moneys appropriated under the provisions of
this Act- shall be drawn upon and paid by the State Treasurer as
other moneys heretofore appropriated to the Mother's Pension Com-mission
of Delaware are now drawn upon and disbursed.
Approved August 7, 1939.
19
20
CHAPTER 12
APPROPRIATION
AN ACT AUTHORIZING AND DIRECTING THE STATE HIGH-WAY
DEPARTMENT TO ASSUME AND CONTINUE THE
WORK FOR THE CONTROL AND ELIMINATION OF MOS-QUITOES,
HERETOFORE CONDUCTED BY THE MOSQUITO
CONTROL COMMISSION; AUTHORIZING AND DIRECTING
THE MOSQUITO CONTROL COMMISSION TO TRANSFER
AND DELIVER TO THE STATE HIGHWAY DEPARTMENT
ALL ITS MACHINERY, TOOLS, AND EQUIPMENT, TO-GETHER
WITH ALL MAPS, CHARTS AND RECORDS, AND
PROVIDING A PENALTY FOR FAILURE TO TRANSFER
SAME; AND PROVIDING AN APPROPRIATION THEREFOR.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. Upon this act becoming effective, all work, hereto-fore
conducted under the control, management and supervision of
the Mosquito Control Commission of this State, for the control and
elimination of mosquitoes shall be under the absolute control, man-agement
and supervision of the State Highway Department, which
said Department is hereby authorized and directed to continue such
work at such places in this State and in such manner as said De-partment
deems most advisable in the interest of public health and
comfort, having due regard for plant and animal life. In carrying
out such work, said Department is hereby authorized to enter intd
agreements and contracts with Delaware property owners, the
Civilian Conservation Corps, or any other agency, Federal or other-wise,
engaged in mosquito elimination; to employ such agents and
servants as may be deemed necessary; and to provide the necessary
equipment for performing such work.
Section 2. Within ten days after this Act becomes effective,
the Mosquito Control Commission is hereby authorized and directed
to transfer and deliver to the State Highway Department, for the
use of, and to become the property of said Department, all ma-chinery,
toots and equipment of every description, and all maps,
Chapter 12 21
APPROPRIATION
charts, surveys, books, documents and records pertaining to mos-quito
control and elimination, and all other property belonging to
said Commission.
Section 3. Any member of the said Mosquito Control Com-mission,
or any agent or servant of said Commission, or any other
person, who shall neglect or refuse to comply with the provisions
of Section 2 of this Act, or who shall interfere with or prevent, or
try to prevent, any such transfer or delivery of said machinery, tools
and equipment, or maps, charts, surveys, books, documents or rec-ords,
as in this Act provided, or any of them, shall be deemed
guilty of a misdemeanor and, upon conviction thereof by any Court
of competent jurisdiction, shall be punished by a fine not exceeding
One Thousand Dollars, or by imprisonment for a term not exceeding
six months, or by both such fine and imprisonment in the discretion
of the Court.
Section 4. There is hereby appropriated from the State Treas-ury
the sum of Twenty-five Thousand Dollars ($25,000.00) to be
paid out of the General Fund of the State Treasury and placed to
the credit of the State Highway Department, said sum, or any neces-sary
part thereof, to be used for the purpose of carrying on the
work described in Section 1 hereof, any unexpended balance thereof
remaining at the end of the present biennium to be returned by said
Department to the general Fund. The appropriation of Thirty-five
Hundred Dollars ($3500.00) for each year of the current bien-nium
heretofore made as set forth in the General Appropriation
Act for the fiscal years ending June 30, 1940, and June 30, 1941, or
so much remaining unexpended upon this Act becoming effective is
hereby repealed and made null and void, and shall be cancelled
by the fiscal officers upon the books and accounts of the State indi-cating
such appropriation.
Approved September 5, 1939.
22
CHAPTER 13
APPROPRIATION
AN ACT MAKING APPROPRIATION FOR THE EXPENSES OF THE
STATE GOVERNMENT FOR EACH OF THE TWO FISCAL
YEARS ENDING JUNE 30, 1940 AND JUNE 30, 1941.
Be it enacted by the State and House of Representatives of the
State of Delaware in General Assembly met:
Section 1. That the several amounts named in this Act, or so
much thereof as may be necessary, are hereby appropriated and
authorized to be paid out of the treasury of this State to the re-spective
public officers of the respective departments and divisions
of Government, and other specified spending agencies, subject to
the provisions of Sections 16, 17, and 18, of Chapter 81, of Volume
37, Laws of Delaware, and for the periods specified; provided,
however, that all parts or portions of the several sums appropriated
by this Act which, on the first day of July immediately following
each of the respective fiscal years, shall not have been paid out of
the State Treasury, shall revert to the General Fund of the State
Treasury.
The several sums hereby appropriated are as follows:
For the
Year
Ending
For the
Year
Ending
June 30, 1941
June 30, 1940
GENERAL GOVERNMENT
LEGISLATIVE
A-1 COMMITTEE ON UNIFORM LAWS
Office Expense $ 50.00 $ 50.00
Travel 175.00 175.00
$ 225.00 $ 225.00
Chapter 15 23
APPROPRIATION
JUDICIAL
B-1-4d COURT OF CHANCERY
B13 COMMON PLEAS COURT OF KENT COUNTY
Salary of Chancellor $ 10,500.00 $10,500.00
Chancellor for Reporting 200.00 200.00
Stenographer 5,400.00 5,400.00
Salaries and Wages 600.00 600.00
Office Expense 500.00 500.00
Repairs and Replacements 100.00 100.00
Chancellor's Reports 1,600.00 1,600.00
$ 18,900.00 $ 18,900.00
B-6-12c DEPARTMENT OF JUSTICE
Salary of Chief Justice $ 10,500.00 $ 10,500.00
Salaries of Associate Judges 40,000.00 40,000.00
Kent County Judge for Reporting 200.00 200.00
Salary of Court Stenographer 3,000.00 3,000.00
Salary of Clerk to Supreme Court 300.00 300.00
Salaries and Wages 3,250.00 3,250.00
Office Expense 500.00 500.00
Repairs and Replacements 65.00 65.00
Reports 2,000.00
$ 57,815.00 $ 59,815.00
Salary of Judge $ 3,600.00 $ 3,600.00
$ 3,600.00 $ 3,600.00
B-15471/2 STATE LIBRARIAN
Salary of Librarian $ 1,800.00 $ 1,800.00
Salary of Clerk 400.00 400.00
Office Expense 150.00 150.00
Repairs and Replacements 200.00 200.00
Equipment 1,500.00 1,000.00
Supplies (Legislative) 5,000.00
$ 4,050.00 $ 8,550.00
ELECTIONS
D-2 SALARIES OF REGISTRARS AND ASSISTANTS
Salaries of Registrars and Assistants. .$ $ 25,000.00
$ 25,000.00
D-3 PRESIDENTIAL ELECTORS
Presidential Electors $ 25.00
$ 25.00
LEGAL
E-I-7f ATTORNEY GENERAL
Salary of Attorney General $ 6,000.00 $ 6,000.00
Salary of Chief Deputy 3,000.00 3,000.00
Salary of Deputy, New Castle County 3,000.00 3,000.00
Salary of Deputy, Kent County 2,500.00 2,500.00
Salary of Deputy, Sussex County 2,500.00 2,500.00
Salaries of State Detectives 7,200.00 7,200.00
Salaries and Wages 3,400.00 3,400.00
Office Expense 1,600.00 1,600.00
Travel 1,125.00 1,125.00
Operation 1,400.00 1,400.00
Repairs and Replacements 925.00 925.00
Equipment 160.00 160.00
$ 32,810.00 $ 32,810.00
Salary of Governor $ 7,500.00 $ 7,500.00
Contingent Expenses 2,500.00 2,500.00
Governor's Conference 100.00 100.00
Governor's Budget 115.00 3,035.00
$ 10,215.00 $ 13,135.00
24 Chapter 13
APPROPRIATION
EXECUTIVE
C-1 GOVERNOR
Chapter 1., 25
APPROPRIATION
E-8a-86 ATTORNEY GENERAL, REQUISITION EXPENSES
Salaries and Wages $ 180.00 $ 180.00
Travel 720.00 720.00
$ 900.00 $ 900.00
FINANCIAL
F-1-31/213 SECRETARY OF STATE
Salary of Secretary of State $ 6,000.00 $ 6,000.00
Salary of Telephone Operator 1,200.00 1,200.00
Salaries and Wages 38,100.00 38,100.00
Office Expense 2,700.00 2,700.00
Travel 500.00 500.00
Repairs and Replacements 900.00 900.00
Equipment 2,000.00 2,000.00
$ 51,400.00 $ 51,400.00
F-4a-4 b STATE BOARD OF ACCOUNTANCY
Salaries and Wages $ 100.00 $ 100.00
Office Expense 150.00 100.00
$ 250.00 $ 200.0(
F-68e STATE TREASURER
Salary of State Treasurer 4,000.00 $ 4,000.0C
Salary of Deputy 2,400.00 2,400.00
Salaries and Wages 5,000.00 5,000.00
Office Expense 3,500.00 4,700.00
Rt.pairs and Replacements 200.00 300.00
Equipment 400.00 400.00
$ 15,500.00 $ 16,800.00
26 Chapter 13
APPROPRIATION
F-10-12e STATE AUDITOR
Salary of State Auditor $ 4,000.00 $ 4,000.00
Salary of Deputy 2,400.00 2,400.00
Salaries and Wages 11,460.00 11,460.00
Office Expense 575.00 575.00
Repairs and Replacements 250.00 315.00
Equipment 100.00 100.00
$ 18,785.00 $ 18,850.00
F-13 STATE AUDITOR, SPECIAL AUDIT, UNIVERSITY OF DELAWARE
AND STATE COLLEGE FOR COLORED STUDENTS
Salaries and Wages (Fee) $ 1,000.00 $ 1,000.00
$ 1,000.00 $ 1,000.00
F-14-15b STATE REVENUE COLLECTOR
Salary of Collector $ 1,800.00 $ 1,800.00
Office Expense (Miscellaneous) 40.00 40.00
Travel of Collector 500.00 500.00
$ 2,340.00 $ 2,340.00
F-16-17e STATE INSURANCE COMMISSIONER
Salary of Commissioner $ 4,000.00 $ 4,000.00
Salaries of Clerks 3,300.00 3,300.00
Office Expense 720.00 720.00
TravelOfficers 500.00 500.00
Repairs and Replacements 100.00 100.00
Premium of Commissioner's Bond for
four (4) years 555.00
$ 9,175.00
F-19-2 id OYSTER REVENUE COLLECTOR
Salary of Collector $ 960.00
Salaries of Crew and Patrol Officer 6,200.00
$ 8,620.00
$ 960.00
6,200.00
Chapter 13
APPROPRIATION
27
Office Expense 65.00 65.00
TravelOfficers 75.00 75.00
Operation 500.00 500.00
Repairs and Replacements 200.00 200.00
$ 8,000.00 $ 8,000.00
F-22-23e STATE TAX DEPARTMENT
Salary of Commissioner $ 6,000.00. $ 6,000.00
Salaries and Wages 89,410.00 89,410.00
Office Expense 21,200.00 21,200.00
Travel 1,000.00 1,000.00
Repairs and Replacements 500.00 500.00
Equipment 300.00 300.00
$118,410.00 $118,410.00
F-24-25e STATE BANK COMMISSIONER
Salary of Commissioner $ 4,200.00 $ 4,200.00
Salaries and Wages 16,400.00 16,400.00
Office Expense 1,200.00 1,200.00
Travel 3,900.00 3,900.00
Repairs and Replacements 50.00 50.00
Equipment 150.00 150.00
$ 25,900.00 $ 25,900.00
F-26a-26f DELAWARE LIQUOR COMMISSION
Salaries and Wages $ 65,250.00 $ 65,250.00
Office Expense 12,410.00 12,410.00
Travel 10,000.00 10,000.00
Operation 500.00 500.00
Repairs and Replacements 500.00 500.00
Equipment 840.00 840.00
$ 89,500.00 $ 89,500.00
G-2 INSURANCE COMMISSIONER
Operation (Premiums) $ 28,000.00
$ 28,000.00
CONSERVATION OF HEALTH AND SANITATION
H-Ia-If STATE BOARD OF HEALTH, GENERAL ADMINISTRATION
II-I1/2a-0/2f STATE BOARD OF HEALTH, CORPS OF ORAL HYGIENISTS
Salaries and Wages $ 63,300.00 $ 63,300.00
Office Expenses 6,000.00 6,000.00
Travel 1,700.00 1,700.00
Operation 11,750.90 11,750.00
Repairs and Replacements 4,050.00 4,050.00
Equipment 500.00 500.00
$ 87,300.00 $ 87,300.00
Salary of Custodian $ 1,500.00 $ 1,500.00
Salary of Janitors, Watchmen, etc. 13,240.00 13,240.00
Office Expense 125.00 125.00
Operation 12,000.00 12,000.00
Repairs and Replacements 5,000.00 5,000.00
Equipment 500.00 750.00
$ 32,365.00 $ 32,615.00
Salaries and Wages $ 9,947.00 $ 9,947.00
Office Expense 228.00 228.00
Travel 112.00 112.00
Operation 1,100.00 1,100.00
Repairs and Replacements 513.00 513.00
Equipment 100.00 100.00
$ 12,000.00 $ 12,000.00
28 Chapter 13
APPROPRIATION
GENERAL GOVERNMENT BUILDINGS
G-IaIg CUSTODIAN
Chapter 13 29
APPROPRIATION
H-2a-2e STATE BOARD OF HEALTH
PATHOLOGICAL AND BACTERIOLOGICAL LABORATORY
H-3a-3g STATE BOARD OF HEALTH, EDGEWOOD SANATORIUM
H-4a-41 STATE BOARD OF HEALTH, BRANDYWINE SANATORIUM
Salaries and Wages $ 62,500.00 $ 62,500.00
Office Expense 2,400.00 2,400.00
Travel 100.00 100.00
Operation 72,000.00 72,000.00
Repairs and Replacements 6,000.00 6,000.00
Equipment 300.00 300.00
$143,300.00 $143,300.00
H-5a-5c MEDICAL COUNCIL OF DELAWARE
Salaries and Wages $ 300.00 $ 300.00
Office Expenses 250.00 250.00
Travel 200.00 200.00
$ 750.00 $ 750.00
Salaries and Wages $ 13,000.00 $ 13,000.00
Office Expense 500.00 500.00
Travel 100.00 100.00
Operation 16,000.00 16,000.00
Repairs and Replacements 1,500.00 1,500.00
Equipment 900.00 900.00
$ 32,000.00 $ 32,000.00
Salaries and Wages $ 9,350.00 $ 9,350.00
Office Expenses 200.00 200.00
Travel 90.00 90.00
Operation 2,593.00 2,593.00
Repairs and Replacements 542.00 542.00
Equipment 75.00 75.00
$ 12,850.00 $ 12,850.00
H-7a-7c STATE BOARD OF DENTAL EXAMINERS
H-11a4 Id BOARD OF EXAMINERS FOR REGISTERED NURSES
Salaries and Wages $ 400.00 $ 400.00
Office Expense 50.00 50.00
Travel 50.00 50.00
$ 500.00 $ 500.00
H-8a-8c BOAR6 OF EXAMINERS OF BARBERS
Salaries and Wages $ 400.00 $ 400.00
Office Expense 20.00 20.00
Travel 20.00 20.00
$ 440.00 $ 440.00
H-9 BOARD OF VETERINARY EXAMINERS
Salaries and Wages 18.00 $ 18.00
Travel 7.00 7.00
$ 25.00 $ 25.00
Salaries and Wages $ 720.00 $ 720.00
Office Expense 200.00 200.00
Travel 180.00 180.00
$ 1,100.00 $ 1,100.00
H-10a-10c BOARD OF EXAMINERS IN OPTOMETRY
Salaries and Wages $ 125.00 $ 125.00
Office Expense 50.00 50.00
Travel 75.00 75.00
$ 250.00 $ 250.00
Salaries and Wages $ 1,000.00 $ 1,000.00
Office Expenses 250.00 250.00
Travel 150.00 150.00
$ 1,400.00 $ 1400.00
30 Chapter 13
APPROPRIATION
H-6a-6c STATE BOARD OF PHARMACY
Chapter 13 31
APPROPRIATION
H-12a-12c STATE BOARD OF UNDERTAKERS
Salaries and Wages
Office Expense
Travel
$ 275.00 $ 275.00
70.00 70.00
45.00 45.00
$ 390.00 $ 390.00
CHARITIES, HOSPITAL AND CORRECTIONS
I-1 GOVERNOR
Governor
Board and Tuition, Deaf, Dumb,
Blind and Idiotic Children $ 19,000.00 $ 19,000.00
$ 19,000.00 $ 19,000.00
I-3a-3k STATE BOARD OF CHARITIES
Salaries and Wages $ 12,000.00 $ 12,000.00
Office Expense 3,600.00 3,600.00
Travel 750.00 750.00
Operation 1,650.00 1,650.00
Repairs and Replacements 425.00 425.00
Equipment 1,300.00 450.00
Direct Care 43,105.00 43,955.00
$ 62,830.00 $ 62,830.00
I-4a-4g DELAWARE STATE HOSPITAL
Salaries and Wages $205,444.25 $206,302.75
Office Expense 5,477.00 5,774.00
Travel 1,421.00 1,426.00
Operation 170,143.32 171,289.32
Repairs and Replacements 16,370.00 15,690.00
$398,855.57 $400,482.07
32 Chapter 13
APPROPRIATION
I-7a-10 MOTHERS PENSION COMMISSION
I-12a-12h INDUSTRIAL SCHOOL FOR COLORED GIRLS
I-16a-16g DELAWARE COMMISSION FOR FEEBLE-MIMED
Salaries and Wages $ 46,587.00 $ 46,587.00
Office Expense 1,575.00 1,575.00
Travel 1,050.00 1,050.00
Operation 97,788.00 97,788.00
Repairs and Replacements 14,000.00 14,000.00
Equipment 1,000.00 1,000.00
Permanent Improvements 3,000.00 3,000.00
$165,000.00 $165,000.00
I- 17a-17 g FERRIS INDUSTRIAL SCHOOL
Salaries and Wages $ 40,000.00 $ 40,000.00
Office Expense 1,700.00 1,700.00
Travel 850.00 850.00
Operation 52,343,00 52,343.00
Salaries and Wages $ 19,084.00 $ 19,084.00
Office Expense 675.00 675.00
Travel 610.00 610.00
Operation 19,225.00 19,225.00
Repairs and Replacements 2,000.00 2,000.00
Equipment 855.00 855.00
Permanent Improvements 500.00 500.00
$ 42,949.00 $ 42,949.00
Salaries and Wages $ 7,900.00 $ 7,900.00
Office Expenses 600.00 600.00
Travel 3,000.00 3,000.00
OperationPension Grants
New Castle County 39,000.00 39,000.00
Kent County 8,500.00 8,500,00
Sussex County 13,000.00 13,000.00
$ 72,000.00 $ 72,000.00
I-18a-18e OLD AGE WELFARE COMMISSIONPENSION ACCOUNT
EDUCATION
J-la-If UNIVERSITY OF
Salaries and Wages $180,065.00
Office Expense 1,700.00
Operation 36,485.00
Repairs and Replacements 7,500.00
Equipment 600.00
DELAWARE, GENERAL ADMINISTRATION
$180,065.00
1,700.00
36,485.00
7,500.00
600.00
$226,350.00 $226,350.00
Salaries and Wages $ 24,000.00 $ 24,000.00
Office Expense 4,200.00 4,200.00
Travel 4,200.00 4,200.00
Operation 167,300.00 167,300.00
Equipment 300.00 300.00
$200,000.00 $200,000.00
1-20 OLD AGE WELFARE COMMISSION
MAINTENANCE OF STATE WELFARE HOME
Operation $ 65,000.00 $ 65,000.00
$ 65,000.00 $ 65,000.00
I-22a-22f MOSQUITO CONTROL COMMISSION
Salaries and Wages $ 1,200.00 $ 1,200.00
Office Expense 300.00 300.00
Travel 50.00 50.00
Operation 1,000.00 1,000.00
Repairs and Replacements 450.00 450.00
Equipment 500.00 500.00
$ 3,500.00 $ 3,500.00
Chapter 13 33
APPROPRIATION
Repairs and Replacements 13,165.00 13,165.00
Equipment 4,560.00 3,200.00
Permanent Improvements 500.00 500.00
$113,118.00 $111,758.00
34 Chapter 13
APPROPRIATION
J-2 UNIVERSITY OF DELAWARE, CHAIR OF HISTORY
Salaries and Wages $ 2,500.00 $ 2,500.00
$ 2,500.00 $ 2,500.00
J-21/2a-21/2b UNIVERSITY OF DELAWARE,
CHAIR OF PHYSICAL EDUCATION
Salaries and Wages $ 4,250.00 $ 4,250.00
Operation 250.00 250.00
$ 4,500.00 $ 4,500.00
J-3 UNIVERSITY OF DELAWARE, SUMMER SCHOOL FOR TEACHERS
J-5 UNIVERSITY OF DELAWARE, SCHOOL OF AGRICULTURE
Scholarships $ 675.00 $ 675.00
$ 675.00 $ 675.00
J-G UNIVERSITY OF DELAWARE, U. S. GOVERNMENT APPROPRIATION
Salaries and Wages .$ 58,332.07 $ 58,332.07
$ 58,332.07 $ 58,332.07
J-7a-7f UNIVERSITY OF DELAWARE
AGRICULTURE AND FARM EXPERIMENTAL STATION
Salaries and Wages $ 7,500.00 $ 7,500.00
$ 7,500.00 $ 7,500.00
J-4a4c UNIVERSITY OF DELAWARE
SMITH-LEVER AGRICULTURE EXTENSION
Salaries and Wages $ 7,000.00 $ 7,000.00
Travel 5,500.00 5,500.00
Office Expense 300.00 300.00
$ 12,800.00 $ 12,800.00
Salaries and Wages $ 12,600.00 $ 12,600.00
Office Expenses 400.00 400.00
Travel 200.00 200.00
Chapter 13 35
APPROPRIATION
J-8a-8d UNIVERSITY OF DELAWARE, POULTRY AND ENTOMOLOGY
J-9a-9g STATE COLLEGE FOR COLORED STUDENTS
GENERAL ADMINISTRATION
J-10 STATE COLLEGE FOR COLORED STUDENTS
U. S. GOVERNMENT APPROPRIATION
Salaries and Wages $ '10,000.00 $ 10,000.00
$ 10,000.00 $ 10,000.00
J-t2 STATE BOARD OF VOCATION EDUCATION
Salaries and Wages $ 23,300.00 $ 23,300.00
Office Expense 1,400.00 1,400.00
Travel 300.00 300.00
Operation 19,830.00 19,830.00
Repairs and Replacements 6,005.00 6,005.00
Equipment 1,000.00 1,000.00
Permanent Improvements 250.00 250.00
$ 52,085.00 $ 52,085.00
Salaries and Wages $ 4,000.00 $ 4,000.00
Office Expense 75.00 75.00
Travel 800.00 800.00
Operation 1,125.00 1,125.00
$ 6,000.00 $ 6,000.00
Travel $ 250.00 $ 250.00
Tuition 2,000.00 2,000.00
$ 2,250.00 $ 2,250.00
Operation 5,000.00 5,000.00
Repairs and Replacements 1,800.00 1,800.00
$ 20,000.00 $ 20,000.00
K-4a-4c STATE BOARD OF AGRICULTURE
CONTROLLING DISEASES OF LIVE STOCK
Salaries and Wages $ 1,500.00
Travel 100.00
Operation 400.00
$ 8,775.00 $ 8,775.00
K-2a-2c STATE BOARD OF AGRICULTURE
PENINSULA HORT/CULTURAL SOCIETY
Office Expense $ 450.00 $ 450.00
Travel 50.00 50.00
Operation 150.00 150.00
$ 650.00 $ 650.00
K-3a-3f STATE BOARD OF AGRICULTURE
ANALYZING FERTILIZERS AND FEEDS
Salaries and Wages $ 12,900.00 $ 12,90a00
Office Expense 750.00 750.00
Travel 150.00 150.00
Operation 875.00 875.00
Repairs and Replacements 150.00 150.00
Equipment 175.00 175.00
$ 15,000.00 $ 15,000.00
$ 1,500.00
100.00
400.00
$ 2,000.00 $ 2,000.00
36 Chapter 13
APPROPRIATION
DEVELOPMENT AND CONSERVATION OF
NATURAL RESOURCES
K-ta-if STATE BOARD OF AGRICULTURE, GENERAL ADMINISTRATION
Salaries and Wages $ 6,500.00 $ 6,500.00
Office Expense i 850.00 850.00
Travel 1,200.00 1,200.00
Operation 75.00 75.00
Repairs and Replacements 100.00 100.00
Equipment 50.00 50.00
Chapter 13 37
APPROPRIATION
K-5a-5e STATE BOARD OF AGRICULTURE
FARM PRODUCTS INSPECTION
Salaries and Wages $ 6,400.00 $ 6,400.00
Office Expense 75.00 75.00
Travel 1,200.00 1,200.00
Operation 200.00 200.00
Office Expense
Travel
Operation
Repairs and Replacements
Equipment
$ 7,875.00
K4a-61 STATE BOARD OF AGRICULTURE
BUREAU OF MARKETS
$ 920.00
750.00
150.00
200.00
25.00
$ 7,875.00
$ 920.00
750.00
150.00
200.00
25.00
$ 2,045.00 $ 2,045.00
IC7a-7f STATE BOARD OF AGRICULTURE, POULTRY DISEASES
Salaries and Wages $ 13,690.00 $ 13,690.00
Office Expense 650.00 650,00
Travel 2,625.00 2,625.00
Operation 2,100.00 2,100.00
Repairs and Replacements 250.00 500.00
Equipment 900.00 100.00
$ 20,215.00 $ 19,665.00
K-8a-8f STATE BOARD OF AGRICULTURE
CATTLE TUBERCULOSIS AND BANGS' DISEASE ERADICATION
Salaries and Wages $ 15,250.00 $ 15,250.00
Office Expense 100.00 100.00
Travel 450.00 450.00
Operation 33,800.00 33,800.00
Repairs and Replacements 350.00 350.00
Equipment 50.00 50.00
$ 50,000.00 $ 50,000.00
i
38 Chapter 13
APPROPRIATION
K-9a-9c STATE BOARD OF AGRICULTURE
CORN GROWERS' ASSOCIATION
Salaries and Wages $ 25.00 $ 25.00
Office Expense 75.00 75.00
Operation 350.00 350.00
$ 450.00 $ 450.00
K-10 STATE BOARD OF AGRICULTURE
HOG CHOLERA ERADICATION
Operation $ 9,000.00 $ 9,000.00
$ 9,000.00 $ 9,000.00
K-11a-11f STATE BOARD OF AGRICULTURE
PLANT PATHOLOGIST
Salaries and Wages $ 3,000.00 $ 3,000.00
Office Expense 450.00 450.00
Travel 1,000.00 1,000.00
Operation 100.00 100.00
Repairs and Replacements 300.00
Equipment 175.00 175.00
$ 4,725.00 $ 5,025.00
K-12a-12f STATE BOARD OF AGRICULTURE
JAPANESE BEETLE ERADICATION
Salaries and Wages $ 6,475.00 $ 6,475.00
Office Expense 75.00 75.00
Travel 100.00 100.00
Operation 500.00 500.00
Repairs and Replacements 300.00 300.00
Equipment 50.00 50.00
$ 7,500.00 $ 7,500.00
Chapter 13 39
APPROPRIATION
K-13a-13d STATE BOARD OF AGRICULTURE
APPLE GRADING AND INSPECTION
Salaries and Wages
Office Expense
Travel
Operation
$ 1,900.00
25.00
375.00
100.00
$ 1,900.00
25.00
375.00
100.00
$ 2,400.00 $ 2,400.00
K-151/2a-131/2b STATE BOARD OF AGRICULTURE
CANTALOUPE INSPECTION
Salaries and Wages $ 430.00 $ 430.00
Travel 70.00 70.00
$ 500.00 $ 500.00
Salary of Child Labor Inspector $ 2,100.00 $ 2,100.00
Salary of Ten-Hour Law Inspector 1,500.00 1,500.00
Salary of Secretary 400.00 400.00
Salaries - and Wages 1,565.00 1,565.00
Office Expense 1,085.00 1,085.00
Travel 450.00 450.00
Operation 400.00 400.00
Repairs and Replacements 350.00 350.00
$ 7,850.00 $ 7,850.00
K-15a-15g STATE FORESTRY DEPARTMENT,
GENERAL ADMINISTRATION
Salaries and Wages $ 7,300.00 $ 7,300.00
Office Expense 1,120.00 1,120.00
Travel 800.00 800.00
Operation 3,050.00 3,050.00
Repairs and Replacements 500.00 200.00
Equipment 100.00 100.00
$ 12,870.00 $ 12,570.00
PROTECTION TO PERSON AND PROPERTY
L-1-4f LABOR COMMISSION OF DELAWARE
40 Chapter 13
APPROPRIATION
L-5-7d PAROLE BOARD
L-13a-13d BOARD OF BOILER RULES
L-15a-I5h STATE FORESTRY DEPARTMENT
SPECIAL FIRE PROTECTION AND EXTINCTION
Salaries of Board Members $ 480.00 $ 480.00
Salary of Clerk 85.00 85.00
Office Expense 35.00 35.00
Travel 700.00 700.00
Equipment 65.00 65.00
$ 1,365.00 $ 1,365.00
L8 DETENTION HOME FOR JUVENILES
Salaries and Wages $ 1,500.00 $ 1,500.00
$ 1,500.00 $ 1,500.00
L-9a-9d BOARD OF PARDONS
Salary of Lieutenant-Governor $ 169.00 $ 169.00
Travel 133.00 133.00
$ 302.00 $ 302.00
Salaries and Wages $ 3,120.00 $ 3,120.00
Office Expense 400.00 400.00
Travel 1,000.00 1,000.00
Operation 2,880.00 2,880.00
Repairs and Replacements 300.00 300.00
Equipment 400.00 400.00
$ 8,100.00 $ 8,100.00
Salaries and Wages $ 4,500.00 $ 4,500.00
Office Expense 130.00 130.00
Travel 500.00 500.00'
$ 5,130.00 $ 5,130.00
Chapter 13 41
APPROPRIATION
L-16a-16c REGULATORS OF WEIGHTS AND MEASURES
L-17a-17c DELAWARE REAL ESTATE COMMISSION
L-19-21f NATIONAL GUARDADJUTANT GENERAL
GENERAL ADMINISTRATION
Salary of Adjutant General $ 2,500.00 $ 2,500.00
Salary of Two Clerks 3,600.00 3,600.00
Salaries and Wages 6,765.00 6,765.00
Office Expense 1,700.00 1,700.00
Travel 1,100.00 1,100.00
Operation 4,900.00 4,900.00
Repairs and Replacements 3,000.00 3,000.00
Equipment 400.00 400.00
$ 23,965.00 $ 23,965.00
Salaries and Wages $ 750.00 $ 750.00
Office Expense 50.00 50.00
Travel 100.00 100.00
$ 900.00 $ 900.00
L-18-18d INDUSTRIAL ACCIDENT BOARD
Salaries of Board Members 9,000.00 $ 9,000,00
Salaries and Wages 6,040.00 6,040.00
Office Expense 2,330.00 2,330.00
Travel 1,200.00 1,200.00
Repairs and Replacements 50.00 50.00
$ 18,620.00 $ 18,620.00
Salaries and Wages $ 4,200.00 $ 4,200.00
Travel 1,800.00 1,800.00
Operation 100.00 100.00
$ 6,100.00 $ 6,100.00
42 Chapter 13
APPROPRIATION
L-22a-22d NATIONAL GUARDADJUTANT GENERAL
STATE RIFLE RANGE
L-23a-23f NATIONAL GUARDADJUTANT GENERAL
BATTERIES, HEADQUARTERS AND BANDS
L-24a-24d NATIONAL GUARDADJUTANT GENERAL
ALLOWANCE FOR REGIMENTAL BAND
Salaries and Wages $ 2,250.00 $ 2,250.00
$ 2,250.00 $ 2,250.00
L-25 NATIONAL GUARDADJUTANT GENERAL
CLOTHING ALLOWANCE TO OFFICERS
Operation $ 6,030.00 $ 1,675.00
$ 6,030.00 $ 1,675.00
L-26 NATIONAL GUARDADJUTANT GENERAL
ADJUSTMENT OF VETERANS' GOVERNMENT CLAIMS
Salaries of Service Officers and
Asst. Service Officers $ 500.00 $ 500.00
$ 500.00 $ 500.00
Salaries and Wages $ 1,500.00 $ 1,500.00
Office Expense 1,350.00 1,350.00
Travel 700.00 700.00
Operation 7,300.00 7,300.00
Repairs and Replacements 3,000.00 3,000.00
Equipment 1,000.00 1,000.00
$ 14,850.00 $ 14,850.00
Salaries and Wages $ 2,015.00 $ 2,015.00
Operation 600.00 600.00
Repairs and Replacements 500.00 500.00
Equipment 85.00 85.00
$ 3,200.00 $ 3,200.00
Chapter 13 43
APPROPRIATION
LIBRARIES
N-Ia-if STATE LIBRARY COMMISSION
0-3a-3b PORTRAIT COMMISSION OF DELAWARE
0-4a-4c LEWES TERCENTENARY COMMISSION
Salaries and Wages $ 5,200.00 $ 5,200.00
Office Expense 405.00 405.00
Travel 250.00 250.00
Operation 650.00 650.00
Repairs and Replacements. 600.00 600.00
Equipment 2,395.00 2,395.00
$ 9,500.00 $ 9,500.00
HISTORICAL RECORDS
0-Ia-If PUBLIC ARCHIVES COMMISSION
Salaries and Wages
Archivist $ 1,200.00 $ 1,200.00
Asst. Archivist 2,400.00 2,400.00
Secretary 1,060.00 1,060.00
Clerk 810.00 810.00
Office Expense 300.00 300.00
Travel 100.00 100.00
Repairs and Replacements 75.00 75.00
Equipment 300.00 300.00
Permanent Improvements 500.00 500.00
$ 6,745.00 $ 6,745.00
Salaries and Wages $ 250.00 $ 250.00
Operation 125.00 125.00
Repairs and Replacements 125.00 125.00
$ 500.00 $ 500.00
Repairs and Replacements $ 250.00 $ 250.00
Equipment 250.00 250.00
$ 500.00 $ 500.00
44 Chapter 13
APPROPRIATION
DEBT SERVICE
Q-I-I3 STATE TREASURER
Interest
Section 2. That if the estimated revenues of the State of Dela-ware
shall prove to be insufficient for the payment of the several
appropriations provided for herein, to provide for casual deficiencies
of revenue for either of the fiscal years aforesaid, and in order that
the appropriations hereinabove enumerated may be promptly paid,
the State Treasurer is hereby authorized to issue notes or certificates
of indebtedness of the State of Delaware to such an amount as he
shall, by and with the consent of the Governor and the Auditor of
Delaware State Hospital Bonds $ 200.00 $ 100.00
Women's College Bonds, 1917 Issue 600.00 400.00
Women's College Bonds, 1925 Issue 7,012.50 6,800.00
State Improvement Bonds 5,408.13 5,089.38
State Building Bonds, 1937 Issue 5,650.00 5,350.00
Indian River Inlet Bonds, 1937 Issue 1,912.50 1,687.50
Redemption
Delaware State Hospital Bonds 5,000.00
Women's College Bonds, 1917 Issue 5,000.00 5,000.00
Women's College Bonds, 1925 Issue 5,000.00 5,000.00
State Improvement Bonds 15,000.00 15,000.00
State Building Bonds, 1937 Issue 15,000.00 15,000.00
Indian River Inlet Bonds, 1937 Issue 15,000.00 15,000.00
$ 75,783.13 $ 79,426.88
GENERAL
R-I STATE DEPARTMENTAL SUPPLIES
State Departmental Supplies $ 19,500.00 $ 19,500.00
$ 19,500.00 $ 19,500.00
GRAND TOTAL $2,723,884.77 $2,730,345.02
Chapter 13 45
APPROPRIATION
Accounts, deem necessary to meet and to pay any of said appropria-tions,
or any part of any of said appropriations, as to which the
revenues of the State of Delaware for either of the fiscal years
aforesaid may prove to be insufficient. The said notes or certifi-cates
of indebtedness shall be in such denominations, and have such
form as the Governor, the Auditor of Accounts, and the State
Treasurer may determine, and shall be payable at any period not
exceeding one year from the date of the issuance thereof out of any
moneys in the treasury of the State not otherwise appropriated. The
said notes or certificates of indebtedness shall be numbered con-secutively.
The principal of said notes or certificates of indebted-ness
shall be payable at the Farmers' Bank at Dover, on the date
of their maturity upon presentation thereat and surrender thereof.
The said notes or certificates of indebtedness shall be signed
by the Governor, the Auditor of Accounts, and the State Treasurer,
for and on behalf of the State, and shall have the great seal of the
State of Delaware impressed thereon or affixed thereto.
Section 3. That the Governor, the Auditor of Accounts and
the State Treasurer shall constitute a Commission to negotiate and
arrange for the sale or disposition of said notes or certificates of
indebtedness.
Section 4. That all moneys received by the State Treasurer
from the sale of the said notes or certificates of indebtedness by this
Act authorized to be issued, shall be and they are hereby specially
pledged and appropriated to and for the payment of the several
appropriations, or any part or portion thereof hereinabove enumer-ated
and set forth, as to which the revenues of the State for the said
fiscal year may prove to be insufficient; provided, however, if, for
the payment of said appropriations it shall be necessary to sell said
notes or certificates of indebtedness, or any of them, and there shall
remain a balance in the hands of the State Treasurer derived from
said sale of said notes or certificates of indebtedness, after the said
appropriation shall have been paid, then such balance is hereby
appropriated and the State Treasurer is hereby authorized and di-rected
to pay such balance into the general fund of the State of
Delaware.
46 Chapter 13
APPROPRIATION
Section 5. That the public faith and credit of the State of
Delaware is hereby pledged for the full and complete payment of
the principal and interest of the notes or certificates of indebetdness
authorized by this Act, and said notes or certificates of indebted-ness
shall be, and the same are exempted from taxation for any
purposes by this State.
Section 6. That all expenses incident to the advertising, prep-aration,
the issuing and delivering of said notes or certificates of in-debtedness
shall be allowed to the said State Treasurer, and shall be
paid by him out of any money in the treasury of the State not other-wise
appropriated upon the production and exhibition by the said
State Treasurer of the necessary vouchers thereof as by law required
with reference to other disbursements of the public fund.
47
CHAPTER 14
APPROPRIATION
AN ACT APPROPRIATING CERTAIN MONEY TO THE STATE
BOARD OF HEALTH FOR THE ERECTION, CONSTRUCTION
AND EQUIPMENT OF A NEW HOSPITALIZATION BUILD-ING
AT EDGEWOOD SANATORIUM.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That the sum of One Hundred Fifty Thousand
Dollars ($150,000.00) be and the same is hereby appropriated to
the State Board of Health for the purpose of erecting, constructing
and equipping a hospitalization building at Edgewood Sanatorium.
Section 2. That this Act shall be taken and deemed to be a
Supplementary Appropriation Act and the sum hereby appropriated
shall be paid out of the General Fund of the State Treasury not
otherwise appropriated.
Approved September 5, 1939.
48
CHAPTER 15
APPROPRIATION
AN ACT PROVIDING FOR STENOGRAPHIC SERVICES FOR THE
COURT OF CHANCERY.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That the sum of Twelve Hundred Dollars
($1200.00) be and the same is hereby appropriated to the Court
of Chancery of the State of Delaware for the period from Janu-ary
1st, 1939 to and including June 30th, 1939, for the purpose of
providing proper stenographic services for the Court of Chancery
of the State of Delaware.
Section 2. That this Act shall be known as a supplementary
Appropriation Act and the money hereby appropriated shall be
paid out of the General Fund of the State Treasury, not otherwise
appropriated, upon 'warrants signed by the Chancellor and ap-proved
by the Auditor of Accounts.
Approved April 24, 1939.
CHAPTER 16
APPROPRIATION
AN ACT MAKING AN APPROPRIATION TO THE STATE MILI-TARY
BOARD FOR THE ERECTION OF A SUITABLE BUILD-ING
AT THE STATE RIFLE RANGE, NEAR NEW CASTLE,
NEW CASTLE COUNTY, DELAWARE, TO BE USED FOR
STORING EQUIPMENT AND MATERIAL, AND FOR NECES-SARY
REPAIRS TO EXISTING BUILDINGS.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That the sum of Six Thousand Dollars ($6,000.00)
be, and the same hereby is, appropriated to the State Military Board
for the erection of a suitable building at the State Rifle Range near
New Castle, New Castle County, Delaware, to be used for the stor-age
of additional equipment and material issued to the Delaware
National Guard by the Federal Government, and for necessary re-pairs
to existing buildings at said location.
Section 2. This act shall be known as a Supplementary Ap-propriation
Act and the money hereby appropriated shall be paid
out of the General Funds of the State Treasury not otherwise ap-propriated.
Approved May 15, 1939.
49
50
CHAPTER 17
APPROPRIATION
AN ACT TO AMEND CHAPTER 47, VOLUME 41, LAWS OF DEL-AWARE,
1937, ENTITLED "AN ACT APPROPRIATING CER-TAIN
MONEY FOR THE CONSTRUCTION AND EQUIP-MENT
OF A NEW STATE ARMORY IN THE CITY OF MIL-FORD."
WHEREAS, numerous changes in the original specifications
were made in connection with the construction of a new State Arm-ory
in the City of Milford, Delaware, in order to fall within the
appropriation allotted by Chapter 47, Volume 41, Laws of Dela-ware,
1937, as a result of which several major and necessary items
were eliminated and,
WHEREAS, the new Armory in its present condition is unable
to furnish the proper training, retarding the efficiency of the local
Battery in its weekly operation, etc., due to lack of facilities and
major conveniences, and,
WHEREAS, all of such items as have been eliminated from
the original specifications are essential requirements for the com-pletion
and installation of the Armory in Milford, Delaware, and
should be accomplished for the proper maintenance and operation
of the local Battery, and,
WHEREAS, the citizens of Milford and various organizations
of that city consider the matter of utmost importance in order to
have the needs of the new armory fulfilled; therefore
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That Chapter 47 of Volume 41, Laws of Dela-ware,
1937, be and the same is hereby amended by striking out all
of Section 8 thereof and inserting in lieu thereof a new section to
be known as Section 8:
Chapter 17 51
APPROPRIATION
Section 8. That when such new building has been completed
and accepted, the State Armory Commission shall be and it is here-by
authorized, empowered and directed to sell at public vendue, the
present State Armory and Arsenal Building and property in the
said City of Milford, and the said State Armory Commission is
hereby empowered and directed to give a good and sufficient deed
to said premises in fee simple to the purchaser or purchasers there-of
in the name of the State of Delaware, and the Adjutant General
of the State of Delaware is hereby authorized to execute, acknowl-edge
and deliver such deed on behalf of the State of Delaware.
The proceeds of such sale, to the extent of Five Thousand Dollars
($5,000.00), shall be forthwith applied to complete the furnish-ings
and site and other requirements of the New Armory, and any
balance thereafter shall be expended by the said State Armory
Commission for repairing any other Armories in the State of Dela-ware,
as the said State Armory Commission in its discretion sh.all
deem proper.
Approved April 28, 1939.
5 2
CHAPTER 18
APPROPRIATION
AN ACT APPROPRIATING CERTAIN MONEYS TO EQUITABLE
TRUST COMPANY, A CORPORATION OF THE STATE OF
DELAWARE, EXECUTOR OF THE ESTATE OF W. MILLER
SHAW, DECEASED, TO PAY A CERTAIN CLAIM AGAINST
THE STATE OF DELAWARE, ARISING FROM AN OVER-PAYMENT
OF THE DELAWARE ESTATE TAX.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That the sum of Three Thousand, Six Hundred and
Sixty-six Dollars and Fifty-three cents ($3,666.53) be and the same
is hereby appropriated out of the General Fund unto Equitable
Trust Company, a corporation of the State of Delaware, Executor
of the Estate of W. Miller Shaw, deceased, to pay a certain claim
against the State of Delaware, arising from the overpayment of said
amount to the State of Delaware as a Delaware Estate Tax on the
Estate of W. Miller Shaw, deceased.
Section 2. This shall be known as a supplementary appropria-tion
act.
Approved May 1, 1939.
CHAPTER 19
APPROPRIATION
AN ACT APPROPRIATING CERTAIN MONEY TO THE UNIVER-SITY
OF DELAWARE FOR THE PURPOSE OF ESTABLISHING
SCHOLARSHIPS FOR STUDENTS AT DELAWARE COLLEGE,
UNIVERSITY OF DELAWARE.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That there is hereby appropriated the sum of five
thousand dollars ($5,000.00) annually to the Delaware College,
University of Delaware for the purpose of establishing scholarships
at Delaware College, University of Delaware.
Section 2. The minimum number of scholarships to be award-ed
in each and every year shall be ten (10).
Section 3. The Committee to award such scholarships shall
be three in number, and shall be composed of one member of the
faculty at Delaware College, one member of the Athletic Council
at Delaware College, and one member of the Alumni Association
of Delaware College. The said Committee shall be appointed by
the Board of Trustees of the University of Delaware for such term
or terms as the said Board may deem: advisable.
Section 4. The State Treasurer is hereby authorized and di-rected
to pay to the University of Delaware for Delaware College
the said sum of five thousand dollars ($5,000.00) in each and every
year upon warrant or warrants signed by the Chairman and Secre-tary
of the Committee.
Section 5. This Act shall be known as a Supplementary Ap-propriation
Act, and the money hereby appropriated shall be paid
out of the General Funds of the State Treasury not otherwise ap-propriated.
Approved April 24, 1939.
53
CHAPTER 20
APPROPRIATION
AN ACT APPROPRIATING MONEY TO THE STATE TAX DE-PARTMENT
WITH WHICH TO PAY FOR AN ANNUAL AU-DIT
OF ITS ACCOUNTS.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That the sum of Eight Thousand, One Hundred
Dollars ($8,100.00) be and the same is hereby appropriated to the
State Tax Department for the purpose of employment of certified
public accountants to audit the accounts of the said Department.
Section 2. That the sum shall be paid to said Department in
equal payments of Two Thousand, Seven Hundred Dollars
($2,700.00) for each of the fiscal years ending June 30, 1939, June
1940 and June 30, 1941, out of the General Fund of the State
Treasury not otherwise appropriated, for the conduct of said audit
of its accounts for the years ending October 31, 1939 and October
1940.
Section 3. That any portion of this appropriation not expend-ed
for the purpose hereinbefore named shall revert to the General
Fund of the State Treasury.
Section 4. That all acts or parts of acts inconsistent with this
act are hereby repealed only to the extent of such inconsistency.
Approved April 24, 1939.
AN ACT TO APPROPRIATE MONEY TO THE CUSTODIAN OF
STATE PROPERTY FOR OPERATION AND MAINTENANCE
OF HALL OF RECORDS BUILDING FOR BALANCE OF FIS-CAL
YEAR ENDING JUNE 30, 1939.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. The sum of Four Thousand One Hundred Twenty
Dollars ($4,120.00) is hereby appropriated to the Custodian of
State Property for the operation and maintenance of the Hall of
Records Building for balance of fiscal year ending June 30, 1939,
the said money to be expended as follows:
Approved April 28, 1939.
CHAPTER 21
APPROPRIATION
55
Salaries $ 840.00
Office Expense 25.00
Operation 2,077.00
Repairs and Replacements 225.00
Equipment 953.00
56
CHAPTER 22
APPROPRIATION
AN ACT MAKING AN APPROPRIATION TO THE STATE MILI-TARY
BOARD FOR THE PURPOSE OF MAKING NECESSARY
REPAIRS TO STATE-OWNED ARMORIES LOCATED AT DO-VER,
LAUREL, NEWARK, AND NEW CASTLE, DELAWARE.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met;
Section 1. That the sum of Three Thousand Dollars
($3,000.00) be and the same hereby is, appropriated to the State
Military Board for the purpose of making necessary repairs to State-owned
Armories located at Dover, Laurel, Newark, and New Cas-tle,
Delaware, which are urgently required to prevent further de-terioration
of said Armory buildings.
Section 2. This Act shall be known as a Supplementary Ap-propriation
Act and the money hereby appropriated shall be paid
out of the General Funds of the State Treasury not otherwise ap-propriated.
Approved May 4, 1939.
CHAPTER 23
APPROPRIATION
AN ACT AUTHORIZING AN APPROPRIATION FOR THE
AMERICANIZATION OF ALL FOREIGN BORN NOW RESI-DENTS
AND CITIZENS OF THE STATE OF DELAWARE.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That the sum of Forty-five Hundred Dollars
($4500.00) per annum for each of the two years beginning July
1, 1939 and July 1, 1940 be and the same is hereby appropriated out
of the General Eund of the State not otherwise appropriated for
the purpose of assisting the State Board of Education, through its
already established bureau, to employ such methods, subject to ex-isting
law, as will best serve the process of Americanization of resi-dents
and citizens of the State of Delaware who are of foreign
origin, and will best tend to protect them from exploitation and
injustice.
Section 2. This Act shall be known as a Supplementary Ap-propriation
Act and the funds hereby appropriated shall be paid
out of the general funds of the State Treasury not otherwise ap-propriated,
and that this Act shall take effect on July 1, 1939.
Approved May 15, 1939.
57
58
CHAPTER 24
APPROPRIATION
AN ACT MAKING AN ADDITIONAL APPROPRIATION FOR THE
EDUCATION OF CHILDREN OF WAR VETERANS.
WHEREAS it now appears that the sum of Two Thousand
Dollars heretofore appropriated by the General Appropriation Act
for each of the two years of the ensuing biennium beginning July
1, 1939 is not sufficient to properly provide for the education and
training of children of World War Veterans who died while in
the service of the Army, Navy or Marine Corps of the United States;
AND WHEREAS it is represented that an additional sum of
One Thousand Dollars for each year will be sufficient; NOW
THEREFORE
Be it enacted by the Senate and the House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That the additional sum of One Thousand Dol-lars
for each of the fiscal years beginning July 1, 1939 and July 1,
1940 (in addition to the sums heretofore appropriated) is hereby
appropriated for the education and training of children of the
World War Veterans who died while in the service of the Army,
Navy or Marine Corps of the United States.
Section 2. Payment of said sums, or any part thereof, shall
be made in the manner provided by Chapter 226 of Volume 36,
Laws of Delaware, and any amendments thereto.
Section 3. This Act shall be known as a Supplementary Ap-propriation
Act and the funds hereby appropriated shall be paid
out of the General Fund of the State Treasury not otherwise ap-propriated.
Approved May 15, 1939.
CHAPTER 25
APPROPRIATION
AN ACT APPROPRIATING CERTAIN MONIES FOR THE SUP-PORT
AND MAINTENANCE OF THE DISTRICT LIBRARY
COMMISSIONS OF THE STATE OF DELAWARE.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That for each of the two fiscal years beginning
July 1, 1939 and ending June 30, 1940, and beginning July 1, 1940
and ending June 30, 1941 the sum of Thirty-five Hundred Dollars
($3500.00) be and the same is hereby appropriated out of the
General Funds of the State for the support and maintenance of the
District Library Commissions of this State, pursuant to the provi-sions
of Chapter 34 of the Revised Code of Delaware 1935.
Section 2. That this Act shall be known as a Supplementary
Appropriation Act and the funds hereby appropriated shall be paid
out of the general funds of the State Treasury not otherwise ap-propriated.
Approved May 15, 1939.
59
60
CHAPTER 26
APPROPRIATION
AN ACT APPROPRIATING MONEY TO CERTAIN HOSPITALS IN
THE STATE OF DELAWARE.
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met (three-fourths of the
members of each House concurring therein):
Section 1. There is hereby appropriated for the maintenance,
equipment and operation of the hospitals hereinafter mentioned for
each of the fiscal years beginning July 1, 1939 and July 1, 1940, the
sums of money set after the names of such hospitals, respectively,
viz:
To Kent General Hospital, Incorporated, at Dover $12,500.00
To Milford Memorial Hospital, Inc., at Milford 25,000.00
To Beebe Hospital at Lewes, Incorporated 25,000.00
To Homeopathic Hospital Association of Delaware,
at Wilmington 51,000.00
To St. Francis Hospital, Incorporated, at Wilming-ton
25,500.00
To The Delaware Hospital, at Wilmington 51,500.00
To Wilmington General Hospital Association, at
Wilmington 42,500.00
Each of said appropriations shall be paid to said respective
hospitals in equal quarterly installments on the Fifteenth day of
August, 1939, October 1, 1939, January I, 1940 and April 1,
1940 during the fiscal year beginning July 1, 1939, and on the first
days of July, October, January and April during the fiscal year be-ginning
July 1, 1940.
Section 2. This Act shall be known as a Supplementary Ap-propriation
Act, and the funds hereby appropriated shall be paid
from the general funds of the State Treasury not otherwise appro-priated,
in accordance with the provisions of this Act.
Approved August 14, 1939.
61
CHAPTER 27
APPROPRIATION
AN ACT APPROPRIATING MONEY TO THE DELAWARE INDUS-TRIAL
SCHOOL FOR GIRLS.
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met (three-fourths of all
members elected to each Branch concurring therein):
Section 1. That the sum of Eighty-one thousand eight hun-dred
twenty-two and no/100 Dollars ($81,822.00) be and the same
is hereby appropriated to the Delaware Industrial School for Girls
for the maintenance and training of girls committed thereto, and
for salaries, wages and for operation.
The said sum shall be paid to said School in two equal annual
payments of Forty Thousand nine hundred eleven and no/100 Dol-lars
($40,911.00) for the years ending June 30, 1940, and June
30, 1941.
Section 2. That this Act shall be known as a Supplemental
Appropriation Act and the funds hereby appropriated shall be paid
out of the general funds of the State Treasury not otherwise ap-propriated.
Approved August 14, 1939.
62
CHAPTER 28
APPROPRIATION
AN ACT APPROPRIATING MONEY TO THE DELAWARE COM-MISSION
FOR THE BLIND FOR EXPENSES FOR EACH OF
THE TWO FISCAL YEARS ENDING JUNE 30, 1940, AND
JUNE 30, 1941.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That the sum of Fifteen Thousand ($15,000.00)
Dollars for the fiscal year beginning July 1st, 1939 and ending June
30th, 1940, and a like sum of Fifteen Thousand ($15,000.00) Dol-lars
for the fiscal year beginning July 1st, 1940, and ending June
30th, 1941, be and the same are hereby appropriated to the Dela-ware
Commission for the Blind for the purposes set forth in 3054.
Section 8 of the Revised Code of Delaware, 1935.
Section 2. That this Act shall be known as a Supplementary
Appropriation Act and the funds hereby appropriated shall be paid
out of the General Fund of the State Treasury not otherwise ap-propriated.
Approved August 14, 1939.
63
CHAPTER 29
APPROPRIATION
AN ACT APPROPRIATING CERTAIN MONEY TO PALMER
HOME, INCORPORATED.
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met (three-fourths of all the
members elected to each Branch thereof concurring therein):
Section 1. That the sum of Five Thousand and Eight Hundred
Dollars ($5,800.00), be and the same is hereby appropriated to
Palmer Home, Incorporated, a corporation of the State of Dela-ware,
for the care and maintenance of old age persons at its Old
Folk's Home at Dover, and for operation for the biennium be-ginning
July 1, 1939 and ending June 30, 1941.
Twenty-nine Hundred Dollars ($2,900.00) of said sum shall
be paid within three months after July 1, 1939 and a like sum of
Twenty-nine Hundred Dollars ($2,900.00) shall be paid within
three months after July 1, 1940.
Section 2. That this Act shall be known as a Supplementary
Appropriation Act and the funds hereby appropriated shall be paid
out of the General Funds of the State Treasury not otherwise ap-propriated.
Approved August 14, 1939.
64
CHAPTER 30
APPROPRIATION
AN ACT APPROPRIATING MONEY TO LAYTON HOME FOR
AGED COLORED PEOPLE.
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met (three-fourths of all
members elected to each Branch thereof concurring therein):
Section 1. That the sum of Four Thousand Dollars
($4,000.00) be and the same is hereby appropriated to the Layton
Home for Aged Colored People for the care and maintenance of
old age colored persons and for operation expenses for the biennium
beginning July 1, 1939 and ending June 30, 1941.
Two Thousand Dollars of said sum shall be paid within three
months after July 1, 1939 and a like sum of Two Thousand Dollars
shall be paid within three months after July 1, 1940.
Section 2. This Act shall be known as a Supplementary Ap-propriation
Act and the funds hereby appropriated shall be paid
out of the General Fund of the State Treasury not otherwise ap-propriated.
Approved August 14, 1939.
65
CHAPTER 31
APPROPRIATION
AN ACT APPROPRIATING MONEY TO CERTAIN FIRE COM-PANIES
IN THE STATE OF DELAWARE.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met (three-fourths of all
members elected to each Branch concurring therein):
Section 1. That to each and every Fire Company in the State
of Delaware, outside the limits of the City of Wilmington, which
was, on the first day of January, A. D. 1939, and is now, duly or-ganized
and equipped for the fighting of fires, there is hereby ap-propriated
the sum of Five Hundred Dollars ($500.00) annually
for each of the fiscal years beginning July 1, 1939 and beginning
July 1, 1940, to be used for the prevention and extinguishment of
fires throughout the State and for the maintenance of apparatus
and equipment.
The said sum of Five Hundred Dollars ($500.00) shall be
paid by the State Treasurer to each of the said Fire Companies
within three months after the beginning of each of said fiscal years.
Section 2. That this Act shall be known as a Supplementary
Appropriation Act and the funds hereby appropriated shall be paid
out of the General Funds of the State Treasury not otherwise ap-propriated.
Approved August 14, 1939.
66
CHAPTER 32
APPROPRIATION
AN ACT APPROPRIATING MONEY TO THE G. A. R. DEPART-MENT
OF DELAWARE.
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met (three-fourths of all
the members elected to each House agreeing thereto):
Section 1. That the sum of Two Thousand Dollars
($2,000.00) be and the same is hereby appropriated to the G. A. R.
Department of Delaware, for operation expenses, for the biennium
beginning July 1, 1939 and ending June 30, 1941. One Thousand
Dollars ($1,000.00) of said sum shall be paid within three months
after July 1, 1939 and a like sum of One Thousand Dollars
($1,000.00) shall be paid within three months after July 1, 1940,
to the duly elected Finance Officer of the G. A. R. Department of
Delaware, upon warrants signed by the said Finance Officer and ap-proved
by the Auditor of Accounts.
Section 2. This Act shall be known as a Supplementary Ap-propriation
Act and the Money hereby appropriated shall be paid
out of the General Funds of the State Treasury not otherwise ap-propriated.
Approved August 14, 1939.
67
CHAPTER 33
APPROPRIATION
AN ACT APPROPRIATING MONEY TO THE VETERANS OF FOR-EIGN
WARS, DEPARTMENT OF DELAWARE.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met (three-fourths of all
the members elected to each House agreeing thereto):
Section 1. That the sum of Three Thousand Dollars
($3,000.00) be and the same is hereby appropriated to the Vet-erans
of Foreign Wars, Department of Delaware, for operation ex-penses
for the biennium beginning July 1, 1939 and ending June
30, 1941. Fifteen Hundred Dollars ($1,500.00) of said sum shall
be paid within three months after July 1, 1939 and a like sum of
Fifteen Hundred Dollars ($1,500.00) shall be paid within three
months after July 1, 1940, to the duly elected Finance Officer of the
Veterans of Foreign Wars, Department of Delaware, upon war-rants
signed by the said Finance Officer and approved by the Audi-tor
of Accounts.
Section 2. This Act shall be known as a Supplementary Ap-propriation
Act and the money hereby appropriated shall be paid
out of the General Funds of the State Treasury not otherwise ap-propriated.
Approved August 14, 1939.
68
CHAPTER 34
APPROPRIATION
AN ACT APPROPRIATING MONEY TO THE UNITED SPANISH
WAR VETERANS, DEPARTMENT OF DELAWARE.
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met (three-fourths of all the
members elected to each House agreeing thereto):
Section 1. That the sum of One Thousand Dollars
($1,000.00) be and the same is hereby appropriated to the United
Spanish War Veterans, Department of Delaware, for the biennium
beginning July 1, 1939 and ending June 30, 1941 for operation ex-penses.
Five Hundred Dollars ($500.00) of said sum shall be paid
within three months after July 1, 1939 and a like sum of Five Hun-dred
Dollars ($500.00) shall be paid within three months after
July 1, 1940 to the duly elected Finance Officer of the United Span-ish
War Veterans, Department of Delaware, upon warrants signed
by the said Finance Officer and approved by the Auditor of Accounts.
Section 2. This Act shall be known as a Supplementary Ap-propriation
Act and the money hereby appropriated shall be paid
out of the General Funds of the State Treasury not otherwise ap-propriated.
Approved August 14, 1939.
69
CHAPTER 35
APPROPRIATION
AN ACT APPROPRIATING MONEY TO THE AMERICAN LE-GION,
DEPARTMENT OF DELAWARE.
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met (three-fourths of all the
members elected to each House agreeing thereto):
Section 1. That the sum of Four Thousand Dollars
($4,000.00) be and the same is hereby appropriated to the Ameri-can
Legion, Department of Delaware, for operation expenses for
the biennium beginning July 1, 1939 and ending June 30, 1941. Two
Thousand Dollars ($2,000.00) of said sum shall be paid within
three months after July 1, 1939 and a like sum of Two Thousand
Dollars ($2,000.00) shall be paid within three months after July
1, 1940, to the duly elected Finance Officer of the American Le-gion,
Department of Delaware, upon warrants signed by the said
Finance Officer and approved by the Auditor of Accounts.
Section 2. This Act shall be known as a Supplementary Ap-propriation
Act and the money hereby appropriated shall be paid
out of the General Funds of the State Treasury not otherwise ap-propriated.
Approved August 14, 1939.
70
CHAPTER 36
APPROPRIATION
AN ACT APPROPRIATING MONEY TO THE DELAWARE SO-CIETY
FOR THE PREVENTION OF CRUELTY TO ANIMALS.
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met (three-fourths of all
members elected to each Branch concurring therein):
Section 1. That the sum of One Thousand Dollars
($1,000.00) be and the same is hereby appropriated to the Dela-ware
Society for the Prevention of Cruelty to Animals, for the bi-ennium
beginning July 1, 1939 and ending June 30, 1941, for salar-ies,
wages and for operation.
Five Hundred Dollars ($500.00) of said sum shall be paid
within three months after July 1, 1939, and a like sum of Five
Hundred Dollars ($500.00) shall be paid within three months aftet
July 1, 1940.
Section 2. That this Act shall be known as a Supplementary
Appropriation Act and the funds hereby appropriated shall be paid
out of the General Funds of the State Treasury not otherwise ap-propriated.
Approved August 14, 1939.
71
CHAPTER 37
APPROPRIATION
AN ACT APPROPRIATING CERTAIN MONEYS TO KENT AND
SUSSEX COUNTY FAIR, INCORPORATED, FOR PRIZES.
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met (three-fourths of all the
members elected to each Branch concurring therein):
Section 1. That the sum of Seven Thousand Dollars
($7,000.00) is hereby appropriated out of the Treasury of the State
of Delaware to the "Kent and Sussex County Fair, Incorporated,"
a corporation of the State of Delaware, for the fiscal year beginning
July 1, 1939 and ending June 30, 1940, and a like sum of Seven
Thousand Dollars ($7,000.00) for the fiscal year beginning July
1, 1940 and ending June 30, 1941. Said appropriation shall be used
and expended only for prizes for meritorious achievements in agri-culture,
stock and poultry raising, and in works of manual training
and the domestic arts. Such prizes shall be awarded by an Award
Committee, which shall be appointed within ten days after this Act
becomes effective, one member of which shall be named by the Gov-ernor
from the personnel of the State Board of Agriculture, and the
remaining members shall be named by the Kent and Sussex County
Fair, Incorporated. Said corporation shall on or before the first
day of December in each of said fiscal years, file with the State Au-ditor
a sworn itemized statement showing the name of each person
to whom a prize has been awarded, for what each prize was awarded
and the amount of each prize, and showing also the grand total of
said prizes, which statement shall be sworn to and signed before a
Notary Public, by both the President and Treasurer of said corpora-tion;
when said statement shall have been audited by the State Au-ditor
and found to be true and correct and according to law he shall
authorize and direct the State Treasurer to pay to said corporation
in each of said fiscal years the total sum shown to be due for prizes
by said itemized list; provided, however, said sum shall not exceed
Seven Thousand Dollars ($7,000.00) for each of said years and
should said sum be less than the amount appropriated by this Act,
then the unused balance shall each year remain in and revert to the
State Treasury and shall in no case be paid to said corporation.
72 Chapter 37
APPROPRIATION
Section 2. That this Act shall be known as a Supplementary
Appropriation Act and the money hereby appropriated shall be paid
out of the General Funds of the State Treasury not otherwise ap-propriated.
Approved August 14, 1939.
CHAPTER 38
APPROPRIATION
AN ACT APPROPRIATING MONEY OUT OF THE STATE TREAS-URY
FOR THE PAYMENT OF CLAIM OF FRANK S. WEBB
AGAINST THE STATE.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That the sum of Two Thousand Dollars
($2,000.00) be and the same is hereby appropriated out of the
Treasury of the State for the payment of a certain claim against
the State, for damages sustained by one Frank S. Webb, of the
Town of Christiana, New Castle County, and State of Delaware,
by reason of the said Frank S. Webb's being struck in the eye with
a ruler or yardstick in the hands of Estol Hopkins, a teacher in the
employ of the State Board of Education at the Christiana School,
Christiana, Delaware, on February 2, 1938; such blow causing the
said Frank S. Webb pain and suffering, and bodily injury, to wit,
and the loss of his right eye. The Auditor of Accounts is hereby
authorized and fully empowered and directed to approve and prop-erly
execute a warrant for, and the State Treasurer is hereby au-thorized
and fully empowered and directed to pay to Frank C.
Webb, the legal guardian of Frank S. Webb, a minor, the above
specified sum.
Section 2. That this Act shall be taken and deemed to be a
Supplementary Appropriation Act and the money hereby appro-priated
shall be paid out of the moneys or receipts paid to the State
of Delaware pursuant to the franchise tax law and the income tax
law of this State before the payment or delivery of the aforesaid
appropriated sum of Two Thousand Dollars ($2,000.00) into or
to the credit of the Public School Fund.
Approved May 4, 1939.
73
74
CHAPTER 39
APPROPRIATION
AN ACT TO APPROPRIATE TO JUSTIS DAVIDSON THE SUM
OF THREE HUNDRED FIFTY-EIGHT DOLLARS AND SEV-ENTY-
FIVE ($358.75) TO REFUND SAID SUM IMPROPERLY
COLLECTED AS A PART OF THE INHERITANCE TAX UN-DER
THE WILL OF JOSEPH DAVIDSON.
WHEREAS, on June 6, 1936, there was paid to the State Tax
Department the sum of Eleven Hundred Sixteen Dollars and Twen-ty-
eight Cents ($1116.28) as the proper inheritance tax under the
will of Joseph Davidson, which tax was determined according to
the provisions of said will; and
WHEREAS, thereafter upon due proceedings in the Court of
Chancery of this State certain parts of said will were held to be
invalid and upon a re-determination of the proper inheritance tax
on the provisions of said will as construed by the said Court it is
found that the sum of Seven Hundred Fifty-seven Dollars and
Fifty-three cents ($757.53) is the proper tax and therefore there
has been overpaid to the State of Delaware the sum of Three Hun-dred
Fifty-eight Dollars and Seventy-five Cents ($358.75) ; NOW
THEREFORE
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
That there is hereby appropriated from the moneys in the State
Treasury, not otherwise appropriated, the sum of Three Hundred
Fifty-eight Dollars and Seventy-five Cents ($358.75) to be paid to
Justis Davidson the proper person entitled thereto, as a refund on
the inheritance tax improperly paid to the State Tax Department,
and the State Treasurer and the State Auditor are hereby authorized
and directed to draw and deliver the proper State warrant for said
sum to the said Justis Davidson.
Approved April 24, 1939.
75
CHAPTER 40
APPROPRIATION
AN ACT MAKING APPROPRIATIONS FOR THE PAYMENT OF
CERTAIN SCHOOL BONDS MATURING DURING THE FIS-CAL
YEARS BEGINNING JULY 1, 1939, AND ENDING JUNE
30, 1941.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That there is hereby appropriated, out of any mon-ies
in the State Treasury to the credit of the School Fund not other-wise
appropriated, the sum of One Hundred Seventy-Four Thousand
Six Hundred Seventeen Dollars ($174,617.00), or so much thereof
as may be necessary, for the purpose of paying the principal of cer-tain
school bonds issued by certain of the School Districts and Spe-cial
School Districts of this State, and maturing during the fiscal
year beginning July 1, 1939, and ending June 30, 1940; and there is
hereby further appropriated, out of any monies in the State Treas-ury
to the credit of the School Fund not otherwise appropriated,
the sum of One Hundred Fifty-four Thousand Seven Hundred
Thirty-two Dollars ($154,732.00), or so much thereof as may be
necessary, for the purpose of paying the principal of certain school
bonds, issued by such School Districts or Special School Districts
and maturing during the fiscal year beginning July 1, 1940, and
ending June 30, 1941.
Section 2. The names of said School Districts and Special
School Districts and the respective amounts of the bonds maturing
during said two fiscal years respectively, referred to in Section 1
of this Act, for which said monies are appropriated, are as follows:
76 Chapter 40
Alexis I. DuPont
Arden
Christiana
Claymont
Claymont
Delaware City
Eden
Hockessin
Marshallton
Middletown
Middletown
Mt. Pleasant
Newark
New Castle
Newport
Oak Grove
Odessa
Richardson Park
Rose Hill & Minquadale
Stanton
Townsend
Wilmington
Wilmington
Yorklyn
APPROPRIATION
NEW CASTLE COUNTY
1938
1924
1934
1922
1928
1929
1934
1931
1931
1928
1939
1931
1929
1928
1932
1927
1934
1924
1928
1928
1932
1915
1924
1931
Amount of Prin.
cipal of bonds
maturing during
fiscal year begin-ning
July 1,
.939, and end-it.
g Tune 30,
1940
$10,000.00
500.00
1,000.00
11,000.00
4,000.00
1,000.00
500.00
1,000.00
1,000.00
2,832.00
3,000.00
3,000.00
6,000.00
2,000.00
1,000.00
1,800.00
1,000.00
3,400.00
1,000.00
1,000.00
1,000.00
15,000.00
30,000.00
1,000.00
KENT COUNTY
Caesar Rodney 1916-20 2,500.00
Caesar Rodney 1938
Clayton 1929
Dover 1925
Dover 1925
Dover 1938
Farmington 1928
Felton 1928
4,600.00
1,000.00
8,000.00
1,000.00
10,000.00
300.00
1,000.00
Amount of Prin-cipal
of bonds
maturing during
fiscal year begin-ning
July 1,
1940, and end-ing
June 30,
1941
$10,000.00
500.00
11,000.00
4,000.00
1,000.00
500.00
1,000.00
1,000.00
2,832.00
3,000.00
3,000.00
6,000.00
2,000.00
1,000.00
1,800.00
1,000.00
3,400.00
1,000.00
1,000.00
1,000.00
30,000.00
1,000.00
2,500.00
4,600.00
1,000.00
8,000.00
1,000.00
10,000.00
300.00
1,000.00
Name of School District or Year of
Special School District Issue
Chapter 40 77
APPROPRIATIPN
Frederica 1930 1,000.00 1,000.00
Harrington 1911 2,000.00
Harrington 1928 500.00
Harrington 1938 1,000.00 1,000.00
Kenton 1932 500.00 500.00
Leipsic 1928 200.00 200.00
Magnolia 1934 500.00 500.00
Smyrna 1929 2,500.00 2,500.00
SUSSEX COUNTY
Bridgeville 1929 2,000.00 2,000.00
Delmar 1927 1,000.00 1,000.00
Delmar 1934 585.00
Ellendale 1928 500.00
Georgetown 1928 3,000.00 3,000.00
Georgetown 1934 1,000.00 1,000.00
Greenwood 1930 1,000.00 1,000.00
Gumboro 1927 500.00 200.00
John M. Clayton 1931 1,000.00 1,000.00
Laurel 1927 2,000.00 2,000.00
Lewes 1921 2,000.00 2,000.00
Seaford 1939 5,000.00 5,000.00
Lincoln 1930 700.00 700.00
Lord Baltimore 1931 2,000.00 2,000.00
Millsboro 1927 1,000.00 1,000.00
Milton 1931 2,500.00 2,500.00
Rehoboth 1924 500.00 500.00
Rehoboth 1938 8,000.00 8,000.00
Roxana 1934 400.00 400.00
Sycamore 1934 300.00 300.00
Total $174,617.00 $154,732.00
Section 3. The State Treasurer is hereby authorized and di-rected
to pay to the holders of bonds described in Section 2 hereof,
the amounts due thereon when and as the same shall fall due with-in
the respective fiscal years referred to, upon presentation to him
of said bonds.
Section 4. No part of the monies hereby appropriated shall be
used for the payment of any interest of any of said bonds, or for
any purpose other than the payment of the principal, of the bonds
listed and described in Section 2 of this Act.
78 Chapter 40
APPROPRIATION
Section 5. The several Boards of Education and other taxing
bodies, if any, of the several School Districts and Special School
Districts listed in Section 2 of this Act are hereby expressly relieved
from the duty of levying and collecting any taxes for the purpose
of paying the principal amount of the said bonds listed and de-scribed
in Section 2 of this Act; and no such tax shall be levied or
collected for the purpose of paying the principal of the bonds men-tioned
and described in said Section 2 during the two fiscal years
aforesaid, provided that nothing herein contained shall be construed
as relieving said School Districts or Special School Districts of the
payment of interest upon said bonds.
Approved April 14, 1939.
CHAPTER 41
APPROPRIATION
AN ACT TO PROVIDE FOR COMMERCIAL COURSES IN THE
CLAYMONT SPECIAL SCHOOL DISTRICT AND TO APPRO.
PRIATE FUNDS THEREFOR.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That the sum of Two Thousand Dollars
($2,000.00) be and the same is hereby appropriated from the Public
School Fund to the Board of School Trustees having charge of the
Claymont Special School District in New Castle County, to enable
it to establish in the Claymont Special School District High School
Commercial Courses and provide the proper equipment and sup-plies
therefor.
Approved August 7, 1939.
79
80
CHAPTER 42
APPROPRIATION
AN ACT MAKING AN APPROPRIATION FOR THE REPAIRS TO
THE HEATING SYSTEM AT MT. PLEASANT SCHOOL NO. 2
IN NEW CASTLE COUNTY.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That the sum of Forty-five Hundred Dollars
($4500.00) be and the same is hereby appropriated to the State
Board of Education, for the repairs to the heating system at Mt.
Pleasant School No. 2 in New Castle County.
Section 2. The said sum hereby appropriated for the specific
use as set forth in Section 1 of this Act shall be paid out of the
Public School Funds of this State.
Approved August 7, 1939.
CHAPTER 43
APPROPRIATION
AN ACT TO PROVIDE FOR THE EQU/PP/NG AND FURNISHING
THE NEW STATE BUILDING IN THE CITY OF DOVER
KNOWN AS THE "HALL OF RECORDS."
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That the President Pro Tempore of the Senate of
the present One Hundred and Seventh Session of the General As-sembly
be and he is hereby authorized and directed to immediately
appoint three suitable persons of whom not more than two shall
be of the same political party, and the Speaker of the House of
Representatives of the present Session of said General Assembly
be and he is hereby authorized and directed to immediately appoint
three other suitable persons of whom not more than two shall be
of the same political party, which said six persons shall constitute
a Committee to purchase necessary equipment and furniture for the
iecently erected State Building known as the "Hall of Records,"
and shall be known as the "Hall of Records Equipment and Furni-ture
Committee." The members of said Committee shall receive
no salary or other compensation for their services, but shall be re-imbursed
for. actual expenses incurred in connection with their du-ties
as members thereof.
Any vacancy in the Committee shall be filled by appointment
by the same authority who made the original appointment.
Section 2. Upon appointment, as aforesaid, the said Com-mittee
shall forthwith organize by selecting one of their members
President and by selecting another member as Secretary of said
Committee, and shall immediately cause, order and direct the in-stallation
of an air conditioning system throughout the vaults in
said "Hall of Records," and shall immediately purchase and cause
to be installed the necessary equipment and furniture needed to
properly equip the offices of said building for the uses of those
State Departments and Commissions as set forth in the law au-
81
82 Chapter 43
APPROPRIATION
thorizing the erection of said building, being Section 2 of Chapter
38, Volume 41, Delaware Laws.
Section 3. The sum of Thirty Thousand Dollars ($30,000.00),
or as much thereof as shall be necessary, is hereby appropriated out
of the receipts paid to the State of Delaware pursuant to the fran-chise
tax law and the income tax law of this State before the pay-ment
and delivery of the aforesaid appropriated sum of Thirty
Thousand Dollars ($30,000.00) into or to the credit of the Public
School Fund, and all payments for the purposes authorized herein
shall be made by the State Treasurer upon warrants drawn by the
State Auditor from time to time upon the presentation to him of
itemized vouchers approved by the Chairman and Secretary of said
Committee.
Section 4. No portion of the money appropriated as afore-said
shall be deemed or held to revert at the end of any fiscal year,
but the said appropriation shall remain in force until the objects
and purposes of this Act have been fully accomplished.
Section 5. All Acts and parts of Acts inconsistent with the
provisions of this Act be and the same are hereby repealed to the
extent of such inconsistencies only.
Approved February 20, 1939.
83
CHAPTER 44
APPROPRIATION
AN ACT APPROPRIATING MONEY OUT OF THE STATE TREAS-URY
FOR THE PAYMENT OF THE CLAIM OF REUBEN
PARIS AGAINST THE STATE.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That the sum of Two Thousand Dollars
($2,000.00) be and the same is hereby appropriated out of the
Treasury of the State of Delaware for the payment of a certain
claim against the State, for damage sustained by one Reuben Paris
of the City of Wilmington, New Castle County and State of Dela-ware,
by reason of the said Reuben Paris being struck in the eye
with flying glass from the revolving door leading into the entrance
of the Bancroft School in the City of Wilmington, Delaware, the
said glass being smashed through by another pupil swinging against
or leaning upon the glass of the revolving doors wfiich were in-adequately
and unsafely maintained, with no proper regard for the
health, care and safety of the children and pupils attending such
school. As a result of such accident the said Reuben Paris under-went
great pain and suffering, and thereby sustained the loss of
his right eye. The Auditor of Accounts is hereby authorized and
he is fully empowered and directed to approve and properly ex-ecute
a warrant for, and the State Treasurer is hereby authorized
and fully empowered and directed to pay to Abe H. Paris, the legal
guardian of Reuben Paris, a minor, the above specified sum.
Section 2. That this Act shall be taken and deemed to be a
Supplementary Appropriation Act and the money hereby appro-priated
shall be paid out of the moneys or receipts paid to the State
of Delaware pursuant to the franchise tax law and the income tax
law of this State before the payment or delivery of the aforesaid
appropriated sum of Two Thousand Dollars ($2,000.00) into or
to the credit of the Public School Fund.
Approved May 4, 1939.
84
CHAPTER 45
APPROPRIATION
AN ACT MAKING APPROPRIATIONS FOR THE SCHOOL BUD-GET
FOR THE SCHOOL YEARS BEGINNING RESPECTIVELY
JULY 1, 1939, AND JULY 1, 1940, AND ENDING RESPEC-TIVELY
JUNE 30, 1940, AND JUNE 30, 1941.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That there is hereby appropriated the sum
of Three Million Five Hundred Twenty-nine Thousand Dollars
($3,529,000.00) for the School Budget hereinafter described for
the school year beginning July 1, 1939, and ending June 30, 1940,
and there is hereby further appropriated the sum of Three Million
Five Hundred Twenty-nine Thousand Dollars ($3,529,000.00) for
the said School Budget for the school year beginning July 1, 1940,
and ending June 30, 1941, and the amount hereby appropriated for
each of the said years shall be paid by the State Treasurer for school
purposes from any sources so designated by law.
Section 2. The State Treasurer is hereby directed to pay the
amounts appropriated in this Act on warrants of the State Board
of Education as provided by statute, with the following further re-strictions
upon the expenditure of the same:
"GENERAL CONTROL" not more than five per centum, pro-vided
that the State Board of Education in making its distribution
of this item may reserve not more than two percentum of the total
budget for the functions of the State Board, its offices, officers and
employees;
"INSTRUCTIONAL SERVICE" not less than seventy per
centum ;
"OPERATION" not more than eleven and one-half per
centum;
"MAINTENANCE" not more than five per centum;
Chapter 45 85
APPROPRIATION
"AUXILIARY AND CO-ORDINATE ACTIVITIES" hot
more than eleven per centum; provided that the State Board in
making the distribution of this item is authorized to reserve first,
not more than eight and six-tenths per centum of the total budget
for transportation of pupils and second, not more than one-half
per centum of the total budget for the *following activities: Ora-torical
and Declamation Association, Adult Education, a teacher in
Sunnyside Preventorium and a teacher in Brandywine Sanitorium.
"FIXED CHARGES" not more than one and five-tenths per
centum;
"CAPITAL OUTLAY" not more than two per centum;
"DEBT SERVICE" no part of the total;
"FOR MATCHING THE APPROPRIATION OF THE FED-ERAL
GOVERNMENT FOR VOCATIONAL EDUCATION" not
less than Thirty-five Thousand Dollars ($35,000.00).
Section 3. The term "GENERAL CONTROL" as used in
Section 2 shall include the following expenditures:
Salaries and expenses of the members of the State Board
of Education and the expense of the business office.
Salaries of Superintendents and their traveling expenses
and the administrative part of the salaries of Superintendents of
Special Districts.
Compulsory attendance and school census.
The term "INSTRUCTIONAL SERVICE" as used in Section 2
shall include the following expenditures:
The Supervisional part of salaries of Superintendents and
Supervisors and their expenses.
Salaries of Principals and Teachers.
Textbooks and Professional Books for Teachers.
APPROPRIATION
(d) Supplies and other materials of instruction.
Tuition paid to other boards.
Other instructional costs, including school libraries.
The term "OPERATION" as used in Section 2 shall include all
expenditutres for janitors and engineers, fuel, water, light and
power, care of grounds, rent, supplies, and other operating expenses.
The term "MAINTENANCE" as used in Section 2 shall in-clude
all expenditures for the upkeep of grounds, repair of build-ings,
repair and replacement of equipment, repair and replacement
of apparatus, and other maintenance.
The term "AUXILIARY AND CO-ORDINATE ACTIVITIES"
as used in Section 2 shall include all expenditures for Transporta-tion
of Pupils, Vocational Teacher-Training, Americanization, Adult
Education, Promotion of Health, salaries of teachers at Sunnyside'
Preventorium and Brandywine Sanitorium, expenses of teachers' and
trustees' meetings, and other auxiliary activities.
The term "FIXED CHARGES" as used in Section 2 shall in-clude
all expenditures for Insurance and Premiums paid for work-ingmen's
compensation insurance.
The term "CAPITAL OUTLAY" as used in Section 2 shall
include all expenditures for grounds, new buildings and alterations
(other than repairs), new equipment and apparatus.
Section 4. Each year after the sums for the State-wide activi-ties
hereinbefore mentioned have been deducted from the total
amount set forth in Section 1, the remainder shall be divided among
the following divisions, to wit: The State Board, the Board of
Public Education in Wilmington, and the Boards of Education of
the Special School Districts of the State, according to their respec-tive
enrollments, the amounts for each to be calculated as follows:
86 Chapter 45
Chapter 45 87
APPROPRIATION
1st. Multiply Eighty-one Dollars ($81.00) by the net enroll-ment
in grades ten, eleven, and twelve during the previous school
year.
2nd. Multiply Seventy-four Dollars and Twenty-five Cents
($74.25) by the net enrollment in grades seven, eight, and nine
during the previous school year.
3rd. Multiply One Hundred Dollars ($100.00) by the net
enrollment in special classes for retarded children, provided the said
special classes and their teachers meet with the standards and quali-fications
set up by the rules and regulations of the State Board of
Education in this behalf.
4th. The remainder shall be divided among the said divisions
in the proportion which the net enrollment in grades one to six,
inclusive, during the previous school year in each of these divisions
bears to the total net enrollment in said grades during the said
school year in all of the said divisions, but excluding the net enroll-ment
in special classes for retarded children as provided in the pre-ceding
paragraph.
Net enrollment of pupils shall be calculated on the basis of
the following conditions:
To be counted enrolled a pupil must attend twenty or
more school days in a public school in Delaware.
In case a pupil transfers from one school to another in
Delaware: (1) he shall be counted as .enrolled in the school in
which he attends the largest number of days; (2) if he attends the
same number of days in each of two or more schools he shall be
counted as enrolled in the school which he last attended.
In case of a continuation school where pupils are re-quired
to attend fewer than five days a week the enrollment in such
a school shall be multiplied by one-fifth times the number of days
the pupil is required to attend school per week.
88 Chapter 45
APPROPRIATION
Section 5'. In addition to the sums. hefeinbefore appropriated
by this Act there i5 hereby further appropriated for the school year
beginning July 1, 1939, and ending June 30, 1940, the sum of Two-
Hundred Eighty-six Thousand Dollars ($286,000.00) and for the
school year beginning July 1, 1940, and ending June 30, 1941, the
further sum of Two Hundred Eighty-six Thousand Dollars
($286,000.00). The said sums shall be allotted by the State Board
of Education to the State Board, the Board of Public Education in
Wilmington, and the various Special School Districts of the State,
and by them used for the purpose of restoring the total of the
salary reductions which were required by Section 5 of Chapter 141,
Volume 38, Laws of Delaware. Provided that in distributing this
appropriation the State Board of Education shall each year allot to
each unit exactly the same amount as that unit received during the
year 4938-39 by reason of Section 6 of Chapter 285, Volume 41,
Laws,pf.Delaware. The said sums shall be paid by the State Treas-urer
our of the school funds.
Section 6. In addition to the amounts appropriated in Sec-tions
1 and 5, respectively, there is hereby appropriated the further
sum of Twenty-five Thousand Dollars ($25,000.00) for the school
year beginning July 1, 1939, and the further sum of Twenty-five
Thousand Dollars ($25,000.00) for the school year beginning July
1, 1940. The said sums shall be used for the painting and repair
of school buildings and shall be allotted for this purpose by the
State Board. of Education to the State Board, Board of Public Edu-cation
in Wilmington, and. the various Special School Districts of
the State in propoftion to their respective needs as determined by
the State Board of Education. The said sums shall be paid, by the
State Treasurer out of the School Funds.
. , . . .
Section 7. In addition to the amounts appropriated in Sections
1, 5, and 6, respectively, of this Act there is hereby further appro.'
priated the sum of Ten Thousand Dollars ($10,000.00) for the
school year beginning July. 1, 1939, and the further sum of Ten
Thousand Dollars ($10,000.00) for the school year beginning July
1, 1940.. The said sums shall be allotted 1?y the 'State Board of
Education to the -State Board, Board of Public Education in *ill-mington,
and the various Special School Districts of the State, and
Chapter 45 89
Approved April 28, 1939.
APPROPRIATION
shall be used for the Purpose of increasing the salaries of regular,
full-time employees who would receive no benefits or who would
benefit to the extent of less than Fifty Dollars ($50.00) a year
under the provisions of Section 5 of this Act. Provided, that in
distributing this appropriation the State Board of Education shall
each year allot to each unit exactly the same amount as that unit
received during the year 1938-39 by reason of Section 9 of Chapter
285, Volume 41, Laws of Delaware. The said sums shall be paid
by the State Treasurer out of the School Funds.
Section 8. After the first of June of any year the State Board
of Education is authorized to transfer any amount that will not be
needed by one of the aforesaid Boards of Education from the credit
of such Board to that of another which may show a deficiency, pro-vided,
that the expenditure of any sum or sums so transferred shall
he subject to the percentage limitations in Section 2 of this Act.
90
CHAPTER 46
APPROPRIATION
AN ACT MAKING AN APPROPRIATION FOR THE IMPROVE-MENT
OF THE NEGRO SCHOOLS OF DELAWARE.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That the sum of Seventy-six Thousand Five Hun-dred
Dollars ($76,500.00) be and the same is hereby appropriated
to the State Board of Education, to alleviate the housing and sew-age
conditions of the colored schools of the State of Delaware, to
be allocated among the colored schools as follows:
Section 2. The said sum hereby appropriated and allocated
I or the specific uses as set forth in Section 1 of this Act shall be
paid out of the Public School Funds of this State.
Approved April 17, 1939.
Colored School at Newport $30,000.00
Colored School at Middletown $10,000.00
Colored Schools of Wilmington $30,000.00
Colored School at Bridgeville $ 6,500.00
CHAPTER 47.
APPROPRIATION
AN ACT REQUIRING THE BOARD OF SCHOOL TRUSTEES OF
THE CLAYMONT SPECIAL SCHOOL DISTRICT TO PROVIDE
FOR COMMERCIAL COURSES.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That the Board of School Trustees of the Clay-mont
Special School District be and it is hereby authorized and di-rected
to provide for Commercial Courses in the proper grades in
the high school of said School District.
Approved April 17, 1939.
91
;
92
CHAPTER 48
APPROPRIATION
AN ACT AUTHORIZING THE STATE TREASURER TO TRANS-FER
THE FUND APPEARING IN THE DEBT SERVICE AC-COUNT
TO THE CREDIT OF THE MILFORD SPECIAL
SCHOOL DISTRICT TO THE CURRENT FUND OF THE MIL-FORD
SPECIAL SCHOOL DISTRICT.
WHEREAS, there is the sum of Three Thousand Eight Hun-dred
Ninety-six Dollars and Sixteen Cents in the Debt Service Ac-count
to the credit of the Milford Special School District which said
sum has remained idle and dormant since July 1st, 1926 and rep-resents
a balance of the fund which was raised by local taxation by
the Board of Education of the Milford Special School District for
the purpose of taking care of the expiring bond issues of 1904 and
1905 with accrued interest thereon, and
WHEREAS, it is necessary to transfer such fund to the current
fund of the Milford Special School District for the purpose of carry-ing
on its program of improvement in the Milford Special School
District; now therefore
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That the State Treasurer be and he is hereby au-thorized
and directed to transfer the sum of Three Thousand Eight
Hundred Ninety-six Dollars and Sixteen Cents ($3,896.16) pres-ently
in the Debt Service Account of the Milford Special School
District to the current fund of said school district for use by the
Board of Education of the Milford Special School District for im-provements
of school property in said district.
Approved April 20, 1939.
CHAPTER 49
APPROPRIATION
AN ACT APPROPRIATING MONEY OUT OF THE STATE TREAS-URY
FOR THE PAYMENT OF CLAIM OF CALVIN G. McKAY
AGAINST THE STATE.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That the sum of Six Hundred Dollars ($600.00)
be and the same is hereby appropriated out of the Treasury of the
State of Delaware for the payment of a certain claim against the
State for injury sustained by one Calvin G. McKay of the City of
Dover, Kent County and State of Delaware, by reason of the said
Calvin G. McKay's being struck in the eye with an arrow shot by a
school pupil during official school hours and in a public school room
of the Dover Public School in the Dover Special School District in
and for Kent County and State of Delaware, the possession of said
bow and arrow having been authorized, permitted and suggested
by the teacher in charge of the class of which the said Calvin G.
McKay was a pupil, said injury having occurred on the 29th day of
March, A. D. 1935; such injury to the eye causing the said Calvin
G. McKay much pain and suffering and bodily injury, to wit: the
loss of his left eye. The Auditor of Accounts is hereby authorized,
and fully empowered and directed to approve and properly execute
a warrant for, and the State Treasurer is hereby authorized and
fully empowered and directed to pay to Lewis M. McKay, the legal
guardian of and for the said Calvin G. McKay, a minor, the above
specified sum.
Section 2. This Act shall be taken and deemed to be a sup-plementary
appropriation act, and the money hereby appropriated
shall be paid out of the moneys or receipts paid to the State of
Delaware pursuant to the Franchise Tax Law and the Income Tax
Law of this State before the payment or delivery of the aforesaid
appropriated sum of Six Hundred Dollars ($600.00) unto or to the
credit of the Public School Fund.
Approved May 4, 1939.
93
94
CHAPTER 50
APPROPRIATION
AN ACT MAKING A DEFICIENCY APPROPRIATION FOR THE
TRANSPORTATION OF PUPILS TO SCHOOLS.
WHEREAS, it appears that the school budget for the year
1938-39 is inadequate to enable the State Board of Education to pay
fully the per diem contract with bus drivers and to pay fully the
cost of transportation of school children in accordance with the
185-day school term adopted by the State Board of Education and
approved by colleges and commissions for certification of Secondary
Schools for the year 1938-39; now therefore
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That there is hereby appropriated out of the funds
of the State Treasury derived from sources of taxation set up for
the support of schools, not otherwise appropriated, Eleven Thousand
Dollars ($11,000.00) the same to be added to the budget of the
State Board of Education for the school year 1938-39, all or so
much thereof as may be necessary to be applied solely and ex-clusively
to the payment of the costs of transportation of school
children.
Section 2. This Act shall be known as a Supplementary Ap-propriation
Act and the funds hereby appropriated shall be paid
out of the School Funds in the State Treasury not otherwise ap-propriated.
Approved May 15, 1939.
CHAPTER 51
APPROPRIATION
AN ACT PROVIDING FOR THE PAYMENT OF A PORTION OF
THE COSTS OF DREDGING AND IMPROVING THE CHAN-NEL
OF INDIAN RIVER.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. The sum of Fifty Thousand ($50,000.00) Dollars
shall be and is hereby appropriated out of the State Highway Fund
for the purpose of this Act and the State Highway Department of
the State of Delaware is hereby fully authorized, empowered and
directed to pay said sum of Fifty Thousand ($50,000.00) Dollars
to the Government of the United States of America, represented
by the District Engineer, Corps of Engineers, United States Army,
Philadelphia, Pennsylvania, when the project for which these funds
are intended has been authorized by the Congress of the United
States or has been included in any program of the President of the
United States as an emergency project and when the said District
Engineer, Corps of Engineers, United States Army, Philadelphia,
Pennsylvania, has been authorized to undertake upon the plans and
specifications approved by the District Engineer, Corps of Engineers,
or some other authorized Federal Agency, of the dredging and im-provement
of the channel in Indian River.
Section 2. That in the event the above project is authorized
and undertaken, the State of Delaware will provide free of cost to
the United States suitable rights of way and/or other land which
may be required in furtherance of the purpose of this Act.
Section 3. The monies hereby appropriated shall be paid by
the State Treasurer out of the State Highway Fund in accordance
with the provisions of Section 1 of this Act.
Approved May 15, 1939.
95
3
96
CHAPTER 52
APPROPRIATION
AN ACT TO APPROPRIATE THE SUM OF NINE HUNDRED AND
SEVENTY-THREE DOLLARS AND EIGHTY-SEVER CENTS TO
PURE OIL COMPANY TO REIMBURSE IT FOR PENALTY
PAID TO THE STATE OF DELAWAgE ON MOTOR FUEL
TAXES.
WHEREAS, Pure Oil Company owed to the State of Dela-ware
the sum/ of Three Thousand Eight Hundred and Ninety-five
Dollars and Forty-eight Cents ($3,895.48) for motor fuel taxes for
the month of March A. D. 1938, and the sum became due and
payable during the month of April A. D. 1938; and
WHEREAS, the said Pure Oil Company did, at the City of
Chicago, State of Illinois on the Thirtieth day of April, A. D.
ce for the
Dol
1938, send by United States Registered Mail, its remittan
said sum of Three Thousand Eight Hundred and Ninety-lars
and Forty-eight Cents ($3,895.48) in payment of said tax, but
hway De-the
State
Oil Corn-said
remittance did not reach the Office of the State Hig
partment until the second day of May, A. D., 1938, and
Highway Department did impose a penalty on said Pure
pany of Nine Hundred and Seventy-three Dollars and Eighty-seven
Cents ($973.87) and on the Fourteenth day of June A. D. 1938,
the said Pure Oil Company did remit to the State Highway Depart-ment
the sum of Nine Hundred and Seventy-three Do llars and
Eighty-seven Cents ($973.87) in payment of said penalty, and
which said payment was made under protest; and
WHEREAS, the said Pure Oil Company should be reimbursed
for the payment of said penalty so paid as aforesaid; now therefore
tatives of
is hereby
ut of any
Be it enacted by the Senate and House of RepreSen
the State of Delaware in General Assembly met:
Section 1. That the State Treasurer be and he
authorized and directed to pay to the Pure Oil Company o
moneys in the Treasury to the credit of the State Highway Depart
Chapter 52 97
APPROPRIATION
ment, the sum of Nine Hundred and Seventy-three Dollars and
Eighty-seven Cents ($973.87) to reimburse said company for the
said penalty as mentioned in the Second Preamble of this Act.
Approved May 1, 1939.
98
CHAPTER 53
APPROPRIATION
AN ACT AUTHORIZING AND DIRECTING THE STATE TREAS-URER
TO PAY OUT OF THE STATE HIGHWAY FUND UPON
WARRANTS SIGNED BY THE MOTOR VEHICLE COMMIS-SIONER
SUCH SUM OR SUMS AS SHALL BE NECESSARY TO
DEFRAY THE EXPENSES OF THE ANNUAL MOTOR VE-HICLE
INSPECTION CAMPAIGN NOT TO EXCEED IN THE
AGGREGATE THE SUM OF TEN THOUSAND DOLLARS
($10,000.00) PER YEAR.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That for the fiscal year beginning July 1, 1939 and
ending June 30, 1940, and for the fiscal year beginning July 1, 1940
and ending June 30, 1941, the State Treasurer be and he is hereby
authorized and directed to pay out of the funds of the Highway
Department of the State of Delaware upon warrants signed by the
Motor Vehicle Commissioner, such sum or sums as shall be neces-sary
to defray the expenses of the annual Motor Vehicle Inspection
Campaign, not exceeding in the aggregate the sum of Ten Thousand
Dollars ($10,000.00) for the fiscal year ending June 30, 1940 and
the sum of Ten Thousand Dollars ($10,000.00) for the fiscal year
ending June 30, 1941.
Approved April 17, 1939.
CHAPTER 54
AUTHORIZING THE BORROWING OF MONEYS
AN ACT AUTHORIZING THE STATE OF DELAWARE TO BOR-ROW
MONEYS FROM THE STATE SCHOOL FUND AND
FUNDS ALLOCATED TO THE STATE HIGHWAY DEPART-MENT
FOR USE OF THE GENERAL FUND.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assenvbly met:
Section 1. That for the fiscal year beginning July 1, 1939
and ending June 30, 1940 the State Treasurer is hereby authorized
and directed in behalf of the State of Delaware and for the use of
the General Fund of this State to borrow from the funds now or
hereafter allocated to the State Highway Department the sum of
Five Hundred Thousand Dollars ($500,000.00), or any part there-of,
and also to borrow from the State School Fund the gum of
Two Hundred Thousand Dollars ($200,000.00) or any part there-of;
and for the fiscal year beginning July 1, 1940 and ending June
30, 1941 the State Treasurer is hereby authorized and directed in
behalf of the State of Delaware and for the use of the General
Fund of this State to borrow from the funds now or hereafter al-located
to the State Highway Department the sum of Five Hundred
Thousand Dollars ($500,000.00), or any part thereof, and also to
borrow from the State School Fund the sum of Two Hundred
Thousand Dollars ($200,000) or any part thereof, provided, how-ever,
that in case the total amount borrowed during each fiscal year
from the two funds shall be less than Seven Hundred Thousand
Dollars ($700,000.00), the amount borrowed from the Highway
Department and from the School Fund shall be approximately in
the ratio of five to two.
Section 2. On the date of the borrowing of the sums noted
above, or any part thereof, there shall be delivered to the State
Treasurer a certificate of indebtedness for such sum or sums bor-rowed,
which certificates shall not bear interest. These certificates
shall be in non-negotiable form.
99
100 Chapter 54
AUTHORIZING THE BORROWING OF MONEYS
They shall be signed in the name of the State of Delaware
by the Governor, the Secretary of State, and the State Treasurer
and shall have the great seal of the said State impressed thereon
or affixed thereto. Said certificates shall be a direct general obli-gation
of the State and the public faith and credit of the State of
Delaware is hereby expressly pledged for the full and complete
payment of the debt. The principal of such certificate shall be
exempt from taxation by the State or any political sub-division
thereof for any purpose.
Such certificate of indebtedness shall recite that it is issued
for the purpose set forth in Section 1 of this Act and that it is
issued in pursuance of this Act and the Constitution of this State
and such recital shall be conclusive evidence of the authority of the
State of Delaware to issue such certificate and of its validity. Upon
the sale and delivery to said Treasurer of the certificate of indebted-ness
for which provision is made in this Act, the legality and valid-ity
of such certificate shall never thereafter be questioned in any
court of law or equity by the State of Delaware or by any person
or persons for its use or in its behalf, and this provision shall be
and become part of the contract and obligation represented by
said certificate of indebtedness.
Section 3. Form of Certificate:Such certificates of indebted-ness
shall conform as nearly as possible to the following form,
to wit:
Certificate of indebtedness to the Trustee of the School
Fund.
Certificate of indebtedness to the State Highway De-partment.
Pursuant to the constitution of the State of Delaware these
presents certify and make known to all whom it may concern that
the State of Delaware acknowledges its indebtedness to, and pledges
its faith to pay to the State School Fund (or State Highway De-partment)
in the full sum of $ lawful money of
Chapter 54 101
AUTHORIZING THE BORROWING OF MONEYS
the United States of America to be used for the purpose of re-plenishing
the General Fund of the State of Delaware, without in-terest.
This certificate of indebtedness shall be payable at the
aforesaid Farmer's Bank at Dover, Delaware, upon presentation
thereat and surrender thereof but not within five years of its date
of issue, but it may be redeemed at the option of the State of Dela-ware
at face value on the first day of March or on the first day of
September after it shall have been issued two years. This certifi-cate
is not negotiable.
In Witness Whereof the Great Seal
of the State of Delaware is hereunto af-fixed,
and the hands of the Governor and
Secretary of State and State Treasurer sub-scribed
this day of
in the year of our Lord One Thousand
Nine Hundred and
Governor
Secretary of State
State Treasurer
Section 4. After the creation of the indebtedness of this State
as authorized by this Act, for the purpose of amortizing and paying
said indebtedness and retiring the certificates of indebtedness evi-dencing
the same, the State Treasurer shall be and he is hereby
authorized and directed to apply the Sinking Fund of the State or
any other fund which may be specifically provided for that purpose
by legislative act.
Section 5. This Act shall become in full force and effect on
July 1, 1939.
Approved May 4, 1939.
102
CHAPTER 55
INSURANCE COMPANIES
AN ACT TO AMEND THE REVISED CODE OF DELAWARE, 1935,
BY DEFINING "GROSS PREMIUMS" WHEN REFERRING TO
INSURANCE COMPANIES OR INSURANCE POLICIES.
Be it enacted by the Senate and House of Representatives of
the State of Delaware in General Assembly met:
Section 1. That 87, Section 53, of Chapter 6, Revised Code
of Delaware, 1935, be and the same is hereby amended by striking
out all of 87, Section 53, and inserting in lieu thereof a new sec-tion
to be known as 87, Section 53.
87. Section 53. Taxes on All Insurance Except Workmen's
Compensation; Dividends Deducted From Gross Amount of Pre-miums;
Statements of Receipts Delivered to Insurance Commis-sioner;
"Gross Premiums" Defined:Each and every insurance com-pany
doing an insurance business of any kind within the State of
Delaware, excepting that of workmen's compensation insurance,
shall, on the first day of March, of each year, pay to the Insurance
Commissioner, for the use of the State, one and one-half per cent=
upon the gross amount of premiums received and assessments col-lected
from insurance of every kind upon persons or on the lives
of persons resident in, or upon real and personal property located
within this State, or upon any other risks insured within this State,
by any such insurance company or the authorized agent thereof, for
the calendar year immediately preceding the date herein provided
for such payments; provided, however, that in computing the gross
amount of premiums received and assessments collected as herein
defined, there shall be deducted dividends paid to policyholders.
Each and every insurance company, firm or corporation as
hereinbefore mentioned in this Section shall at the time of making
such payments, deliver to the Insurance Commissioner a full and
detailed statement showing the gross amount of such premiums
received and assessments collected and dividends paid to policy-holders
by such insurance company, firm or corporation, or the au-
Chapter 55 103
INSURANCE COMPANIES
thorized agent thereof, for the calendar year immediately preceding
the date herein provided for such payments, and such statement
shall be verifi

LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND SEVENTH
SESSION OF THE GENERAL ASSEMBLY
COMMENCED AND HELD AT DOVER
On Tuesday, January 3, A. D.
1939
AND
IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES
THE ONE HUNDRED AND SIXTY- THIRD
VOLUME XLII
Printed by
WILLIAM E. TAYLOR, INC.
Wilmington, Delaware